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UNIVERSITY  OF  CALIFORNIA. 

OIKT    OF"  ^      I 

Received.     Ov^c^;^^:::,.-^  i8g  ^Z^^ 

^     y4<:r^i-j-/^//j  No 4^7.6.2.  ^^^^%/ie//  No .  - . :... . 

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Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/elementsofcivilgOOjonerich 


CALIFORNIA    STATE    SERIES    OF   SCHOOL    TEXT-BOOKS. 


ELEMENTS 


OF 


CIVIL  GOVERNMENT. 


THE  STATE  OF  CALIFORNIA— THE  UNITED  STATES- 
GENERAL  PRINCIPLES. 


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COMPILED     UNDER    THE    DIRECTION 

OF    THE 

STPAXK    BOARD    OR    KDUOATION 

SACRAMENTO,    CALIFORNIA. 
Printed    at   the    State    Printing    Office. 


< 


Entered  according  to  Act  of  Congress  in  the  year  iSgiy 

By  Henry  H.  Markham,  James  W.  A  nderson,  Ira  More,  Charles  W.  Childs,  and 

Edward  T.  Pierce, 

STATK    BOARD    OF    EDUCATION 

Of  the  State  of  California,  for  the  People  of  the  State  of  California. 


¥-7^7^' 


CONTENTS 


To  THE  Teacher 5 

Reference  Books 7 

Topical  Analysis 9 


PART  I. 

LOCAL   GOVERNMENT. 

Chapter  I. — Government  in  the  School  District 19 

II. — Government  in  the  Township 22 

III. — Government  in  the  Town  or  City .23 

IV. — Government  in  the  County 26 

PART  II. 

THE    STATE   GOVERNMENT. 

Chapter  V. — Government  in  the  State 31 

VI.— The  State  Legislature 32 

VII. — The  State  Executive  Department 37 

VIII. — The  State  Judicial  Department 42 

* 
PART  III. 

THE    FEDERAL    GOVERNMENT. 

Chapter  IX. — The  Federal  Constitution 45 

X. — The  Federal  Legislature 47 

XL — The  Powers  of  Congress 58 

XII.— The  Federal  Executive 76 

XIII.— The  FederalJudiciary 87 


4  CONTENTS. 

PART  IV. 

GENERAL   CONSIDERATIONS. 

Chapter  XIV. — Citizenship,  Suffrage,  and  Elections     ...    92 

XV.— Taxation 101 

XVI. — The  Three  Departments  of  Government   .     .  104 
XVII.— The  Nature  of  Local  Government    .     .     .     .108 
XVIII.— The  Nature  of  State  Government     ....  110 
XIX.  —The  Form  and  Nature  of  Government  in  the 

United  States 113 

XX.— The  Elements  of  Civil  Liberty 117 

PART  V. 

I. — Constitution  op  the*  United  States 128 

II. — Act  of  Congress  admitting  California 165 

III. — Constitution  of  California 166 

Index 245 


j^aS^   0?  THE        >^ 

(miriVBRsiT?; 

TO   THE  TEAOHEE. 


The  plan  of  this  book  is  that  of  a  gradual  development 
from  the  known  to  the  unknown,  ^om  the  near  to  the 
distant,  from  the  local  to  the  general,  from  the  concrete  to 
the  abstract.  The  plan  is  designed,  furthermore,  to  tell 
only  what  cannot  readily  be  observed,  the  purpose  being 
to  stimulate  observation  and  inquiry.  It  is  intended 
that  a  substantial  basis  of  knowledge  shall  be  gained 
before  general  reflections  are  indulged  in.  It  will  be  seen, 
therefore,  that  the  farther  we  go  away  from  the  home  of 
the  pupil,  the  greater  the  detail  of  information  given  him. 
The  questions  in  the  earlier  chapters  are  intended  to  sup- 
ply the  place  of  text.  The  pupil  is,  accordingly,  required 
by  observation  and  inquiry  to  build  up  his  own  text.  The 
questions  in  succeeding  chapters  are  more  in  the  nature 
of  questions  on  the  text.  The  teacher  is,  of  course, 
expected  to  enlarge  upon  these  questions  indefinitely. 

It  is  assumed  that  the  teacher  will  be  progressively 
more  exacting  in  the  answers  required  of  the  pupils.  The 
repetition  of  questions  in  the  book  will  thus  serve  as  a 
means  both  of  review  and  of  extending  the  knowledge  of 
the  subject-matter.  Thus,  on  the  topics  of  elections  and 
suffrage,  the  pupil  will  get  his  first  rudimentary  knowl- 
edge from  the  election  of  school  trustees;  this  knowledge 
will  be  enlarged  and  reinforced  by  successively  studying 
the  methods  and  conditions  of  elections  in  city,  county, 
State,  and  nation.  Similarly,  again,  in  regard  to  taxa- 
tion. These  two  topics,  especially,  are  regarded  as  of 
fundamental  importance,  and  should  be  insisted  upon 
and  developed  with  the  utmost  care,  patience,  and  per- 
severance.    But   here,  as   always  and   everywhere,  the 


6  TO   THE  TEACHER. 

teacher  should  conceal  the  lesson  to  be  taught  behind  the 
interest  aroused  in  the  subject. 

Parts  I.,  II.,  and  III.  are  designed  to  give  the  essential 
and  indispensable  knowledge  of  our  government  called  for 
by  the  authorization  of  this  book.  They  must  be  studied 
in  course  from  beginning  to  end.  Part  IV.  is  different 
in  its  nature,  and  is  designed,  on  the  one  hand,  to  give 
a  compact  and  general  view  of  the  few  subjects  that 
seemed  to  need  such  treatment;  and,  on  the  other  hand, 
to  furnish  such  comment,  reflection,  and  generalization 
as  all  children  ought  to  be  trained  in  after  they  have 
obtained  sufficient  and  accurate  data.  This  part  may  be 
used  or  not  at  the  discretion  of  the  teacher.  It  is  thought 
it  may  be  advantageously  studied  in  the  higher  grammar 
grades,  in  connection  with  United  States  history.  It  has 
not  seemed  necessary  to  add  any  questions  to  the  chap-' 
ters  in  Part  IV.  The  questions  here  should  be  such  as 
are  suggested  by  the  text,  leading  out  into  new  fields. 
Valuable  lists  of  such  suggestive  questions  may  be.  found 
in  Fiske's  Civil  Government. 

Further  aid  of  exceptional  value  may  be  had  by  the 
teacher  in  the  complete  topical  outline,  in  the  critical 
notes,  and  in  the  well  selected  bibliographical  references 
of  Mrs.  Davidson's  Reference  History  of  the  United 
States. 

The  topical  analysis  and  index  of  this  book  will,  it 
is  hoped,  prove  of  material  assistance  in  review  exercises. 


REFEEET^OE    BOOKS. 


In  civil  government  the  books  really  valuable  for 
school  use  are  very  few.  It  is  believed  that  a  greater 
service  will  be  done  by  mentioning  some  dozen  books 
which  do  not  repeat  one  another,  and  which  will  be  in 
constant  demand,  than  to  give  a  large  and  heterogeneous 
list.  All  of  the  bpoks  mentioned  below  should  be  in 
every  school  building. 

For  the  pupil,  Macy  and  Fiske  will  be  found  especially 
readable.  They  are  well  fitted  to  illustrate  given  topics. 
Bryce  is  conspicuous  for  its  manifold  merits.  It  gives  a 
complete  exposition  of  our  government;  it  embellishes 
'  this  exposition  with  felicitous  illustrations;  and  its  value  is 
enhanced  by  its  profound  generalizations  and  reflections. 
There  are  many  chapters,  or  portions  of  chapters,  which 
may  be  read  to  a  class. 

Andrews  and  Cooley  are  the  best  manuals  on  the 
Federal  Constitution:  they  supplement  each  other  ad- 
mirably. Andrews  is  the  more  elementary,  gives  more 
data,  and  is  less  legal.  Cooley, is  the  more  advanced, 
'  and  is  eminently  a  work  on  constitutional  law.  There 
is  scarcely  a  point  that  can  be  raised  that  will  not  be 
found  solved  in  the  latter  book.  Lamphere  is  a  store- 
house of  useful  information  in  regard  to  the  organization 
of  the  various  departments  of  the  government.  It  will  be 
in  constant  demand  in  any  school-room.  Wilson  afibrds 
views  for  comparative  study  of  government,  and  includes 
an  admirable  short  treatise  on  the  government  of  the 
United  States.  Ford  presents  thoughtful  discussions 
on  the  functions  of  the  Federal  and  State  governments, 
on  the  electorate,  and  on  the  civil  service.  Mrs.  Davidson 
offers  the  results  of  a  markedly  successful  experience  as 


Q  REFERENCE  BOOKS. 

a  teacher  of  American  history  in  a  work  which  will 
serve  as  a  valuable  guide  to  all  who  desire  to  bring 
into  connection  the  history  and  the  government  of  our 
country.  Johnston's  book  is  a  masterly  sketch:  perhaps 
the  best  production  of  the  most  judicial  of  the  writers  on 
American  history.  The  books  by  Desty  will  be  found 
convenient  manuals. 

list  of  books. 

Our  Government:  How  it  Grew,  What  it  Does,  and  How  it 
Does  it.  By  Jesse  Macy.  Revised  edition.  Ginn  &  Company. 
Boston:  1890. 

Civil  Government  in  the  United  States,  Considered  with  some 
Reference  to  its  Origins.  By  John  Fiske.  Houghton,  Mifflin 
&  Company.    Boston:  1890. 

The  American  Commonwealth.  By  James  Bryce.  Two  vol- 
umes.   Second  edition.    Macmillan  &  Company.    New  York :  1890. 

Manual   of   the   Constitution   of   the   United    States.     By. 
Israel  Ward  Andrews.     Revised  edition.     American  Book  Com- 
pany.    Cincinnati  and  New  York :  1887. 

Principles  of  Constitutional  Law  in  the  United  States. 
By  Thomas  M.  Cooley.  Little,  Brown  &  Company.  New  edition. 
Boston:  1891. 

The  United  States  Government  :  Its  Organization  and  Prac- 
tical Workings.  By  George  N.  Lamphere.  Lippincott  &  Com- 
pany.   Philadelphia:  1881. 

The  American  Citizen's  Manual.  By  Worthington  C.  Ford. 
G.  P.  Putnam's  Sons.     New  York :  1882. 

The  State:  Elements  of  Historical  and  Practical  Politics. 
By  Woodrow  Wilson.    D.  C.  Heath  &  Company.     Boston :  1889. 

Reference  History  of  the  United  States.  By  Hannah  A. 
Davidson.     Ginn  &  Company,     Boston :  1891. 

The  United  States  :  Its  History  and  Constitution.  By  Alex- 
ander Johnston.    Charles  Scribner's  Sons.    New  York :  1889. 

The  Constitution  of  the  United  States  (with  annotations). 
By  Robert  Desty.    Bancroft- Whitney  Company.     San  Francisco. 

The  Constitution  of  California  (with  annotations).  By  Robert 
Desty.     Bancroft- Whitney  Company.     San  Francisco. 

The  School  Law  of  California.  Compiled  by  the  Superin- 
tendent of  Public  Instruction.     Sacramento. 

California  Blue  Book,  or  State  Roster,  An  official  Directory 
of  the  State  and  County  Governments.  Compiled  by  the  Secretary 
of  State.     Sacramento. 


TOPICAL  ANALYSIS. 


Section. 

PART  I.— LOCAL  GOVERNMENT 1-2L 

Chap.  I.— Government  in  the  School  District 1-4 

Government  in  the  family 1 

Family,  the  smallest  group  (natural) 1 

First  germ  of  government  in  the  family 1 

Government  in  the  school 2 

People  of  the  school  district,  the  smallest  civil  group    .    .  2 

Likeness  and  difference  between  school  and  family    ...  2 

Government  in  the  school  district 3 

People,  trustees,  teacher,  pupils 3 

Necessity  of  government 4 

Civil  divisions  of  the  people :  school  districts,  townshijjs, 

cities  or  towns,  counties,  states,  nation 4 

In  each,  the  managing  authority  in  agents 4 

Beneficence  of  government 4 

-    Chap.  II.— Government  in  the  Township 5 

The  township 5 

Importance  of  its  officers 5 

Duties  of  its  officers .  5 

Chap.  III. — Government  in  the  Town  or  City 6-8 

General  character  of  city  government 6 

Need  of  a  rigid  system 6 

Duties  of  a  city  government 7 

To  foster  elements  of  improvement 7 

To  restrain  elements  of  destruction 7 

City  officers — 8 

Vary  according  to  size  of  city 8 

In  larger  cities,  three  classes— 8 

(1)  Legislative  board  (supervisors) 8 

(2)  Executive  officer  (mayor) b 

(3)  Judicial  officers  (police  courts) 8 

Also,  various  departments  of  government 8 

Chap.  IV.— Government  in  the  County 9-21 

The  county 9 

Composed  of  many  school  districts 9 

Sometimes    county,   city,    school    district,  township,  all 

coincide 9 

County  officers :  three  classes—     ". 10 

(1)  Legislative  board  (supervisors) 10 

(2)  Executive  or  administrative  officers  (treasurer,  clerk, 
etc.) 10 

(3)  Judicial  officers  (judges,  sheriff",  etc.) 10 


10  *  TOPICAL  ANALYSIS. 

Section. 

(1)  Board  of  supervisors:  five  members 11 

Powers:  general  superintendence  of  county  affairs, 

and  making  county  ordinances 11 

(2)  Executive  or  administrative  officers 12-17 

Treasurer  and  auditor 12 

Clerk 13 

Recorder 14 

Assessor  and  tax  collector 15 

Surveyor 16 

Superintendent  of  schools 17 

(3)  Judicial  officers 18-21 

Sheriff 18 

District  attorney 19 

Coroner "20 

Public  administrator 20 

Superior  judge 21 

PART  II.— THE  STATE  GOVERNMENT 22-47 

Chap.  V.— Government  in  the  State 22-23 

The  State 22 

Government  of  the  State 23 

Provided  for  by  the  Constitution 23 

Constitution  formed  by  delegates 23 

Adopted  by  the  people 23 

Establishes  three  departments  of  government—      ...  23 

(1)  Legislative  department  (Legislature) 23 

(2)  Executive  department  (Governor,  etc.) 23 

(3)  Judicial  department  (courts) 23 

Chap.  VI.— The  State  Legislature 24-31 

Composition  of  the  Legislature 24 

Two  houses 24 

Senate 24 

Assembly 24 

Senators :  number,  qualifications,  elections,  term    .     .  24 
Assemblymen:  number,  qualifications,  elections,  term  24 
Senatorial  and  assembly  districts:   time  and  basis  of 
division;  population  and  territory;  number  of  Sena- 
tors or  Assemblymen  to  each 24 

Organization  of  the  Legislature 25 

Powers  of  each  house ;  as  to  proceedings 25 

As  to  qualifications,  elections,  and  returns  of  its  members  25 

As  to  the  officers  of  each  house 25 

Lieutenant-Governor 25 

Speaker  of  the  Assembly 25 

Standing  committees :  object  and  work 26 

How  elected 26 


TOPICAL  ANALYSTS.  11 

Section. 

Vacancies  in  either  house 27 

Privileges  of  members  of  the  Legislature 28 

Criminal  cases 28 

Civil  cases 28 

Quorum 29 

Powers  of  a  minority 30 

Process  of  law-making 30 

A  bill  introduced 30 

Referred  to  appropriate  committee 30 

Reported  back  to  house 30 

Printed,  and  read  three  times 30 

Amended 30 

Sent  to  other  house,  going  through  like  process 

there 30 

Having  passed  both  houses,  sent  to  Governor    ....  30 

If  he  signs  it,  a  law 30 

If  he  disapproves  it,  "  vetoed  " 30 

Sent  back  to  house  in  which  it  originated      ....  30 

If  passed  by  two-thirds  vote 30 

Sent  to  other  house 30 

Passed  there  by  two-thirds  vote  becomes  a  law^  30 
If  it  fails  of  a  two-thirds  vote  in  either  house, 

it  is  "lost" .     .  30 

If  within  ten  days,  during  session  of  Legislature,  Gov- 
ernor neither  signs  nor  vetoes,  becomes  a  law    .    .  30 

"Pocket  veto" 30 

Meetings  of  the  Legislature :  when,  and  how  often  ....  31 

Length  of  session 31 

Special  meetings • 31 

Chap.  VII.— The  State  Executive  Department 32-42 

Officers  composing  the  executive  department 32 

Election 32 

Term  of  office 32 

Character  of  the  executive  department 33 

The  Governor:  qualifications 34 

Powers  and  duties  of  the  Governor 35 

(1)  As  chief  executive — 35 

(a)  To  execute  the  laws 35 

(6)  To  transact  executive  business  with  other  officers  .  35 

(c)  To  issue  papers  of  "  extradition  " 35 

(2)  In  his  relation  to  the  Legislature— 35 

(a)  To  sign  or  veto  bills 35 

(6)  To  call  special  meetings  of  the  Legislature     ...  35 

(c)  To  adjourn  Legislature,  in  certain  cases     ....  35 

(d)  To  send  messages  to  the  Legislature 35 

(3)  As  commander-in-chief  of  the  forces  of  the  State  .    .  35 


12  TOPICAL  ANALYSIS. 

Section. 

(4)  (a)  To  seal  and  sign  commissions 35 

(6)  To  fill  vacancies 35 

(c)  To  nominate  to  Senate  officers  not  elected   ...  35 

(5)  To  grant  pardons 35 

The  Lieutenant-Governor:  qualifications,  election,  term  .    .  36 

Duty -  36 

When  becomes  Governor 36 

The  Secretary  ol  State :  duties 37 

The  Controller;  duties 38 

The  Treasurer :  duties 39 

The  Attorney-General :  duties 40 

The  Surveyor-General:  duties 41 

The  Superintendent  of  Public  Instruction :  duties    ....  42 

Chap.  VIII.— The  State  Judicial  Department 43-47 

The  judicial  power 43 

Justices  of  the  peace 44 

Superior  Courts 45 

The  Supreme  Court 46 

The  Senate  as  a  court  of  impeachment 47 

PART  III.— THE  FEDERAL  GOVERNMENT 48-133 

Chap.  IX.— The  Federal  Constitution 48-51 

Constitution  of  the  United  States :  character    .  * 48 

Constitution  formed  by  general  convention 49 

Adopted  by  State  conventions .    .  49 

Amendments  to  the  Constitution— 50 

Proposed  (a)  by  Congress;  or  (6)  by  two  thirds  of  State 

Legislatures 50 

Adoi)ted  (a)  by  three  fourths  of  the  State  Legislatures, 

or  (6)  by  three  fourths  of  State  conventions     ....  50 

Limitation  on  power  of  amendment 50 

The  supreme  law^— 51 

(a)  The  Constitution 51 

(6)  Laws  passed  in  pursuance  of  the  Constitution  ....  51 

(c)  Treaties  made  in  pursuance  of  the  Constitution    ...  51 

State  laws  subordinate  to  supreme  law 51 

Chap.  X.— The  Federal  Legislature 52-75 

Congress 52 

Two  houses :  Senate  and  House  of  Representatives  ...  52 

Distinction  between  them 52 

House  of  Rei)resentatives 53 

Representatives:  number 53 

When  and  how  apportioned 53 

Qualifications 54 

Term  of  office 55 

Who  may  vote  for    . 56 


TOPICAL  ANALYSIS.  13 

Section. 

Organization  of  tlie  House 57 

Officers;  proceedings 57 

Si)eaker 58 

The  standing  committees 59 

Importance;  influence 59 

The  more  important  committees 59 

Vacancies  in  the  House 60 

Senate 61 

Number,  elections,  term,  qualifications  of  Senators    .    .  61 

Divided  into  two  classes 61 

Voting  in  the  Senate 63 

Organization  of  the  Senate 64 

Officers;  proceedings 64 

President  of  the  Senate 65 

President  pro  tempore 65 

Standing  committees 66 

Comparison  with  House  committees 66 

How  appointed 66 

Vacancies  in  the  Senate '  67 

Quorum  of  either  house 68 

Meetings  of  Congress 69 

Regular  sessions ;  "long;"  "short" 69 

Special  sessions 69 

Power  of  either  house  over  its  members 70 

Journal 71 

Yeas  and  nays 71 

Adjournment 72 

Privileges  of  members  of  Congress 73 

Disabilities  of  members  of  Congress 73 

Process  of  law-making 74 

Difference  in  Congress  and  in  California  Legislature  .     .  74 

Veto  power  of  the  President 74 

Money  bills :  amendments  thereto 75 

Chap.  XI.— The  Powers  of  Congress 76-101 

§  1.   The  Legislative  Power  of  the  United  States 76 

Extent  of  the  legislative  powers 76 

The  Constitution,  the  source  of  legislative  powers  ...  76 

Congress,  the  depositary  of  legislative  powers    ....  76 

The  powers  granted  to  Congress  are  enumerated  ...  76 

But  some  latitude  allowed  in  their  exercise  ....  76 

Object:  to  establish  national  government.    ...  76 

With  sufficient,  but  not  too  extensive  powers     .  76 

§  2.  General  Description  of  the  Powers  of  Congress 77-78 

Federal  and  State  legislation 77 

Classification  of  the  powers  of  Congress — 78 

(1)  Powers  essential  to  an  independent  self-existence     .  78 


14  TOPICAL  ANALYSIS. 

Section. 

(2)  Powers  essential  to  an  international  existence  .    .    ;  78 

(3)  Powers  essential  to  a  general  federal  government  .     .  78 

(4)  Miscellaneous  powers • .    .  78 

§  3.   The  Powers  Enumerated 79-101 

(1)  Powers  Essential  to  an  Independent  Self- Existence      .     .     .  79-86 
Taxes 79 

Purposes  for  which  taxes  may  be  levied 79 

Kinds  of  taxes  which  Congress  may  levy 79 

Kinds  of  taxes  which  Congress  may  not  levy  ....  79 

Citizenship  and  naturalization 80 

Definition  of  citizenship 80 

Definition  of  naturalization 80 

Money:  the  powers  given  to  Congress 81-85 

The  power  to  borrow  money 82 

The  power  to  coin  money 83 

Meaning  of  coining:  regulating  the  value  of  money  .  83 

Mints 84 

The  power  to  punish  counterfeiting 86 

The  federal  courts 86 

(2)  Powers  Essential  to  an  Independent  International  Existence  87-91 
The  war  power 87 

Declaration  of  war 87 

Letters  of  marque  and  reprisal 88 

Power  to  raise  and  support  armies 89 

Power  to  provide  and  maintain  a  navy 89 

Militia 90 

Appropriations  for  supporting  armies 90 

Power  to  punish  crimes 91 

(3)  Powers  Essential  to  a  General  Federal  Government    .     .     .  92-95 
Commerce 92 

Meaning  and  extent 92 

Commercial  powers  which  the  States  may  not  exercise  92 

Commercial  powers  which  Congress  may  not  exercise  .  92 

Commercial  powers  which  the  States  alone  may  exercise  92 

Interstate  Commerce  Act  of  1887 92 

The  postal  service 93 

Territories 94 

Usual  form  of  territorial  government 94 

People  in  Territories  not  possessed  of  national  political 

rights 94 

Delegates  to  Congress 94 

Admission  of  new  States 95 

The  constitutional  provision 95 

Limitations 96 

Mode  of  admission  .    .  • 95 

Guarantee  of  republican  government 95 


TOPICAL  ANALYSIS.  15 

Section. 

(4)  Miscellaneous  Powers  .• 96-101 

Bankruptcy 96 

Weights  and  measures 97 

Copyrights  and  patents 98 

Federal  districts 99 

District  of  Columbia 99 

Government  of  the  District  of  Columbia 99 

Ports,  arsenals,  dockyards,  etc 99 

Impeachments 100 

Treason 101 

Punishment 101 

Definition 101 

Chap.  XII.— The  Federal  Executive 102-124 

§  1.   The  President 102-111 

The  executive  power 102 

President  and  heads  of  departments 102 

Qualifications  for  President 103 

Salary  of  President 103 

Election  of  President  and  Vice-President 104 

"Electors:"  number 104 

Time  and  mode  of  election 104 

Voting  by  "  electors "  . 104 

Counting  of  electoral  vote 104 

Inauguration  of  President 104 

Working  of  the  electoral  system 105 

Election  of  President  by  the  House  of  Representatives  .  106 

Election  of  the  Vice-President  by  the  Senate  .'....  107 

The  presidential  succession 108 

Duties  and  powers  of  the  President 109 

Duties :  to  execute  the  laws 109 

Powers— 109 

(a)  As  commander-in-chief 109 

(6)  To  regulate  foreign  relations 109 

(c)  To  grant  pardons 109 

(tZ)  To  make  appointments 109 

(e)  To  fill  vacancies 109 

Civil  Service  appointments 110 

Civil  Service  Commission 110 

Relations  between  the  President  and  Congress    ....  1 

(a)  Veto  power 1 

(6)  Messages 1 

(c)  Special  meetings  of  Congress  . 1 

(d)  Adjournment  of  Congress 1 

Separation  of  the  powers  of  government 1 

Inconveniences 1 


16  TOPICAL  ANALYSIS. 

Section. 

§  2.  The  Executive  Departments 112-124 

The  Cabinet 112 

The  Department  of  State 113 

The  Treasury  Department 114 

The  Department  of  War 115 

The  Department  of  the  Navy 116 

The  Department  of  Justice 117 

The  Post  Office  Department 118 

The  Department  of  the  Interior 119 

The  Department  of  Agriculture 120 

The  Department  of  Labor 121 

The  Interstate  Commerce  Commission 122 

The  Civil  Service  Commission 123 

The  Commission  of  Fish  and  Fisheries 124 

Chap.  Xlll.— The  Federal  Judiciary 125-183 

The  Judiciary  of  the  United  States 125 

The  Supreme  Court 126 

Number  of  justices 126 

Meetings 126 

Original  jurisdiction 126 

Appellate  jurisdiction 126 

Circuit  and  District  Courts    .    .    , 127 

Jurisdiction 128 

Character  of  the  jurisdiction  of  the  federal  courts—    .    .    .  129 

(1 )  Because  of  the  nature  of  the  question 129 

(2)  Because  of  the  nature  of  the  parties 129 

Court  of  Appeals 130 

Court  of  Claims 131 

Federal  judges :  appointment 132 

Removal;  retirement;  salary 132 

District  attorneys 133 

Marshals 133 

PART  IV.— GENERAL  CONSIDERATIONS 134-204 

Chap.  XIV.— Citizenship,  Suffrage,  AND  Elections     .     .    134-152 

§  1.  Citizenship 134-137 

How  citizenship  is  acquired 134 

(a)  By  birth  in  the  United  States,  or 134 

(6)  By  naturalization,  and  . 134 

(c)  By  being  subject  to  jurisdiction  of  the  United  States  134 

Naturalization:  process 135 

Inhabitants  of  annexed  territory 135 

Naturalization  only  conferred  by  the  United,  States    .    .  137 

Extent  of  United  States  naturalization  laws 141 

Loss  of  citizenship:  expatriation 136 

Citizenship  in  State  and  nation 137 


TOPICAL  ANALYSIS.  17 

Section. 

§2.  Suffrage 138-141 

Meaning  of  suffrage 138 

Conferred  by  the  States 138 

Qualifications  of  electors :  prescribed  by  the  Constitutions 

of  the  States 139 

Persons  excluded  from  voting 

Conditions  for  suffrage  which  may  not  be  imposed    ...  141 

California  Constitution 141 

U.  S.  Constitution :  Fifteenth  Amendment 141 

§3.  Elections 142-152 

Political  parties 142 

Caucus,  primary,  and  convention 143 

Campaign 144 

Evils  of  party  methods 145 

The  election 146 

Registration "   .    .     .     .  147 

Balloting  or  voting 148 

The  California  ballot  law 149 

The  canvass 150 

Number  of  votes  necessary  for  election 151 

Contested  elections 152 

Chap.  XV.— Taxation 153-160 

Reasons  for  imposing  taxes 153 

Purposes  of  taxation 154 

Extent  of  the  power  of  taxation 155 

Kinds  of  taxes 156 

State  taxation 157 

Assessment  and  collection 158 

Boards  of  equalization 159 

Federal  taxation 160 

Chap.  XVI.— The  Threi?  Departments  of  Government    .    161-166 

Division  of  the  functions  of  government — 161 

(1)  The  legislative  department 162 

Division  of  the  Legislature 163 

(2)  The  executive  department 164 

(3)  The  judicial  department 165 

Unconstitutional  legislation 166 

CUap.  XVII.— The  Nature  of  Local  Government  .    .    .    167-170 

Local  self-government 167 

Local  divisions  of  the  State 168 

Duties  of  local  government 169 

Methods  of  local  government 170 

Chap.  XVIII.— The  Nature  of  State  Government  .    .    .    171-174 

Position  of  the  States  in  the  Federal  Union 171 

Powers  prohibited  to  the  States 172 

Powers  reserved  to  the  States 173 

State  Constitutions 174 

2— CO 


18  TOPICAL  ANALYSIS. 

Section. 
Chap.  XIX.— The  Form  and  Nature  of  Government  in  the 

United  States 175-179 

Meaning  of  government 175 

Different  forms  of  government — 176 

(1)  Monarchy 176 

(2)  Aristocracy 176 

(3)  Democracy 176 

Government  of  the  United  States 177-179 

A  democracy 177 

A  representative  democracy  or  republic 177 

A  federal  republic    .    .    , 178 

"An  indestructible  Union  of  indestructible  States"  179 

Chap.  XX.— The  Elements  of  Civil  Liberty    .....    180-204 

§  1.  The  Relations  between  the  Government  and  the  Individual    180-183 

Rights  and  duties  between  individuals 180 

Rights  and  duties  between  government  and  individuals     .  181 

Rights  of  the  government 182 

Duties  of  the  government 183 

§  2.  History  of  Personal  Rights  in  England 184-192 

Relation  between  English  and  American  history  ....  184 

The  chief  personal  rights 185 

Tendency  of  the  government  to  become  tyrannical    .     .    .  186 

Restraints  upon  the  government 187 

Magna  Charta 188 

The  Petition  of  Right 189 

The  Habeas  Corpus  Act  . 190 

The  Bill  of  Rights  and  the  Act  of  Settlement  .    ...  191 

America  learns  England's  lesson 192 

§  3.  Protection  of  Personal  Rights  in  the  United  States    .     .     .    193-204 

Constitutional  guarantees 193 

California  Constitution 193 

U.  S.  Constitution 193 

Right  of  personal  security 194 

Right  of  personal  liberty 195 

Bills  of  attainder 196 

Ex  post  facto  laws 197 

Right  to  reputation 198 

Right  of  religious  belief 199 

Right  of  private  property 200 

Taxation  and  eminent  domain 201 

The  inviolability  of  private  contracts 202 

General  warrants 203 

Interstate  rights  of  citizens 204 


PART    I. 

LOCAIv  QOVERNNIENT. 


TJUIVBRSIT 


CHAPTER  I. 

GOVERNMENT    IN   THE    SCHOOL    DISTRICT. 

1.  Government  in  the  Family. — The  family  or 
household  is  the  smallest  natural  group  of  human  beings. 
In  the  household  each  person  has  duties  to  perform  for  the 
sake  of  the  household.  He  must  also  observe  the  rights  of 
the  other  members  of  the  household.  Certain  persons,  by 
reason  of  their  age  and  their  relation  to  the  family,  are 
entitled  to  manage  the  affairs  of  the  household.  These 
rulers  of  the  household  have  authority  to  require  from 
the  other  members  the  performance  of  their  duties.  We 
all  know  that  the  more  just  and  impartial  the  commands 
of  the  parent  or  other  head  of  the  household  are,  that  the 
more  helpful  the  various  members  are  to  one  another,  and 
that  the  more  harmoniously  they  work  together,  the  more 
perfect  and  the  happier  will  the  household  be. 

The  first  germ  of  government  is  found  in  the  family; 
without  government  it  ceases  to  be  a  family.  And  what 
is  true  of  the  family  in  this  respect,  we  shall  find  to  be 
true  of  all  society. 

2.  Government  in  the  School.— As  the  family  is  the 
smallest  natural  group  provided  with  the  forms  of  gov- 
ernment, so  are  probably  the  people  of  the  school  district 
the  smallest  civil  group  provided  with  the  forms  of  gov- 
ernment.    The  school  itself,  with  teacher  and  pupils,  is 


20  CIVIL  GOVERNMENT. 

more  nearly  like  the  family  than  are  the  people  of  the 
school  district.  But  both  the  school  and  the  school  district 
show  the  difference  between  natural  government  and  civil 
government.  In  natural  government  some  one  or  two 
persons,  such  as  the  parents,  have  their  position  as  mana- 
gers of  the  household  on  account  of  their  relation  to  the 
family.  In  the  school  the  teacher  is  not  the  manager  of 
the  pupils  on  account  of  any  tie  of  kindred.  But  the 
people  of  the  school  district  cause  some  person  to  be 
elected  teacher  to  serve  as  their  agent  in  the  education  of 
the  children.  And  then  the  teacher,  like  the  parent,  has 
general  authority  over  the  pupils.  The  pupils  must  obey 
all  the  just  commands  of  the  teacher. 

3.  Government  in  the  School  District. — In  the 
school  district,  too,  there  are  relations  of  a  similar  kind. 
There  are  the  school  trustees,  who  are  elected  by  the 
people  of  the  district  as  their  direct  agents.  They  have 
general  authority  over  the  teacher,  and  authority  in 
certain  respects  over  the  children.  But  most  of  their 
authority  over  the  pupils  they  leave  to  the  teacher  to 
exercise.  The  people  themselves  could  not  teach  the 
children  and  manage  the  schools.  They,  therefore,  elect 
as  their  'agents  the  school  trustees,  and  the  trustees 
appoint  as  their  agent  the  teacher. 

4.  Necessity  of  Government. — We  could  go  on  and 
show  that  in  every  group  of  people  there  must  be  that 
relation  between  the  people  of  the  group  and  their  agents 
which  we  call  government. ,.  We  shall  find,  as  we  proceed 
in  this  study,  that  the  people  are  divided  into  groups, 
called  school  districts,  townships,  cities  or  towns,  counties, 
and  States.  And  we  shall  find  that  all  the  people  of  this 
country  combined  make  up  the  people  of  the  United 
States,  the  government  of  the  whole  country  being  the 
government  of  the  United  States.     In  each  group  there 


-   LOCAL  GOVERNMENT.  21 

are  agents  to  manage  the  general  affairs  of  the  people. 
This  governme'nt  is  necessary  if  the  people  wish  to  live 
in  peace,  order,  and  happiness. 

Questions  on  Grovemment  In  the  School  District. 

Now  we  wish  you  to  find  out  all  you  can  about  the  government 
of  the  school  district  in  which  you  live.  If  you  spend  plenty  of 
time  on  this  subject  and  study  it  very  carefully,  you  will  not  have 
much  difficulty  in  understanding  everything  that  comes  after- 
wards. We  shall  ask  you  some  questions,  and  we  want  you  to 
bring  the  answers  into  school  and  talk  them  over  with  the  teacher 
and  with  the  other  pupils,  until  you  understand  the  subject 
thoroughly. 

1.  Draw  a  map  of  the  school  district  in  which  you  live. 

2.  Describe  the  natural  features  of  this  district. 

Excellent  directions  for  mapping  and  describing  the  school  district 
may  be  found  in  the  Advanced  Geography  of  the  State  Series. 

3.  What  is  its  area  in  square  miles? 

4.  What  are  the  officers  of  the  school  district  called? 

5.  How  many  are  there? 

6.  What  are  the  names  of  those  now  in  office,  and  where  do 

they  live? 

7.  When  are  trustees  elected? 

8.  For  what  term,  or  length  of  time,  are  they  elected? 

9.  Who  may  be  elected  school  trustees? 
10.  May  women  be  elected  school  trustees? 

il.  What  notice  is  given  of  the  election?    Describe  this  fully. 

12.  Who  may  vote  for  school  trustees  ? 

13.  How  do  they  vote? 

14.  At  what  place  or  places? 

15.  How  are  the  votes  counted? 

16.  How  many  votes  does  it  require  to  elect  a  trustee? 

( To  the  Teacher.— Conduct  an  election  of  school  trustees  by  the  pupils, 
observang  all  the  forms  required  by  law  for  preparing  and  posting  no- 
tices.   Conduct,  in  the  same  way,  an  election  for  raising  a  tax.) 

17.  The    school   trustees   when   meeting  together  are   called   a 

"board."    What  is  meant  by  **  board"  when  used  in  this 
way? 

18.  What  are  the  duties  of  the  board  of  trustees  as  to  teachers? 

As  to  children?    As  to  making  rules  for  the  schools?    As 
to  text-books?    As  to  school  money?    Etc. 

19.  What  are  the  officers  of  the  board  of  school  trustees? 


22  CIVIL  GOVERNMENT.  \ 

20.  What  are  the  duties  of  the  president?  / 

21.  Wliat  are  the  duties  of  the  clerk? 

22.  Are  the  school  trustees  paid  for  their  services? 

23.  Is  the  teacher  paid  for  his  services? 

24.  Are  there  any  other  persons  connected  with  your  school  who 

are  paid  for  their  services? 

25.  How   much  money  a  year  does  it   take  to   carry  on   your 

school  ? 

26.  Where  does  this  money  come  from? 

27.  How  much  from  each  source  ? 

28.  How  is  it  decided  how  much  your  district  shall  have? 

29.  Who  decides? 

30.  Wh'ere  is  this  money  kept  after  it  is  received  by  the  district? 

31.  How  is  the  portion  of  the  school  money  which  comes  from 

State  taxes  collected? 

32.  How  is  that  which  comes  from  county  taxes  collected? 

33.  How  may  the  boundaries  of  your  school  district  be  changed? 

34.  Are  there  county  officers  of  education  ? 

35.  Are  there  State  officers  of  education? 


CHAPTER  II.* 

GOVERNMENT    IN    THE    TOWNSHIP. 

6.  The  Township. — The  township  is  the  next  larger 
geographical  division  after  the  school  district.  And 
while  in  California  it  is  of  less  prominence  in  the  organi- 
zation of  the  State  than  in  some  other  States,  neverthe- 
less it  has  certain  officers  who  are  of  the  greatest 
importance  in  preserving  peace  and  order  among  the 
people.  The  duties  which  these  officers  have  to  perform 
show  the  necessity  of  government  in  directions  other 
than  those  which  we  have  been  studying.  In  the  school 
district  the  chie^  object  of  government  is  to  improve  the 
welfare  of  the  people  by  educating  the  children.  In  the 
township  the  chief  object  of  government  is  to  protect  the 

*  In  city  schools  it  may  be  found  advisable  to  omit  this  chapter. 


.     LOCAL  GOVERNMENT.  23 

people  against  wrong-doers  and  to  settle  disputes  that 
may  arise  between  individuals. 

Questions  on  Government  in  the  TownsMp. 

1.  In  what  civil  township  do  you  hve? 

2.  Draw  a  map  of  it. 

3.  Describe  its  natural  features. 

4.  What  is  its  area  in  square  miles? 

5.  What  cities,  towns,  or  villages  are  there  in  your  township? 

6.  How  many  school  districts? 

7.  What  are  the  officers  of  the  township  called? 

8.  How  many  justices  of  the  peace  are  there  in  your  township? 

9.  What  are  the  names  of  the  justices  of  the  peace  now^  in  office, 

and  where  do  they  live? 

10.  When  are  the  justices  of  the  peace  elected? 

11.  For  what  terms  are  they  elected  ? 

12.  Who  may  be  elected  justices  of  the  peace? 

13.  What  are  the  duties  of  justices  of  the  peace  ? 

14.  When  and  where  do  they  hold  court? 

15.  Are  justices  of  the  peace  paid  for  their  services?    If  so,  how? 

16.  How  many  constables  are  there  in  your  township? 

17.  What  are  the  names  of  the  constables  now  in  office,  and  where 

do  they  live? 

18.  When  are  they  elected? 

19.  For  what  terms  are  they  elected? 

20.  Who  may  be  elected  constable? 

21.  What  are  the  duties  of  constables? 

22.  Are  they  paid  for  their  services?    If  so,  how? 


CHAPTER  III. 

GOVERNMENT    IN    THE    TOWN   OR   CITY. 

6.  General  Character  of  City  Government. — 
When  people  are  crowded  together  in  large  numbers  in  a 
town  or  city,  a  much  more  rigid  system  of  government  is 
necessary  than  in  the  case  of  the  sparsely  settled  rural 
districts,     For  a  rural  population  is  likely  to  be  peace- 


24  CIVIL  GOVERNMENT.      , 

able,  industrious,  and  law-abiding.  There  is  not  much 
occasion  for  conflicts  as  regards  the  rights  of  the  citizens. 
There  is  not  much  opportunity  for  wicked  persons  to 
exercise  their  arts.  But  this  is  all  changed  when  we 
come  to  a  city  or  town.  The  presence  of  a  large  number 
of  people  and  of  much  property,  and  the  crowded  condi- 
tion of  dwellings,  stimulate  vice.  The  contagion  of  crime 
and  disorderliness  easily  spreads.  The  health  of  the 
community,  too,  is  more  readily  endangered  where  the 
population  is  compact.  There  is  always  danger  of 
conflagrations. 

7.  Duties  of  a  City  Government. — The  duties  of  a 
city  government,  then,  are  in  general  such  as  these:  To 
repress  crime  and  turbulence;  to  take  precautions  against 
epidemics  and  disease;  to  make  provision  against  fires; 
to  have  the  streets  well  paved  and  clean;  to  regulate  the 
traffic  and  travel  in  the  streets;  to  construct  sidewalks 
and  sewers;  to  maintain  suitable  police;  to  construct  and 
manage  almshouses,  hospitals,  jails;  to  oversee  the  pub- 
lic markets;  to  regulate  places  of  amusement;  to  provide 
public  parks;  to  maintain  schools;  and  so  on  through 
an  almost  endless  list  of  things  designed  to  restrain  all 
that  is  evil,  vicious,  and  lawless,  and  to  promote  all 
that  is  productive  of  the  peace,  comfort,  and  prosperity 
of  the  community.  The  larger  the  city,  the  greater  its 
cares  and  perils,  and  the  more  need  of  a  forcible  and 
energetic  government. 

8.  City  OfiBcers. — The  number  and  character  of  the 
officers  in  a  city  or  town  vary  according  to  the  size  and 
population  of  the  place.  In  the  larger  cities  and  towns 
we  find  the  following  classes  of  officers:  (1)  A  board 
which  has  general  power  to  make  laws  or  ordinances  for 
the  welfare  of  the  city,  the  members  of  which  are  called 
councilmen,  aldermen,  trustees,  supervisors,  etc.     (2)  A 


LOCAL  GOVERNMENT.  Z5 

mayor,  who  is  the  head  of  the  city  government,  the  chief 
officer  for  executing  the  laws.  (3)  Police  Courts,  for 
trying  and  punishing  persons  who  break  the  laws.  In 
addition  to  these  there  may  be  a  police  department,  a 
street  department,  a  fire  department,  a  treasurer,  a  prose- 
cuting attorney,  and  many  other  officials. 

Questions  on  Government  in  Cities  and  Towns. 

If  you  live  in  a  city  or  town,  answer  the  following  questions  with 
respect  to  the  one  in  which  you  live;  if  not,  answer  them  with 
respect  to  one  near  where  you  live  or  with  respect  to  one  with  which 
you  are  familiar.  If  your  answers  relate  to  a  smaller  town,  by-and- 
by  get  all  the  information  you  can  with  regard  to  one  of  the  large 
cities  of  California,  and  make  out  a  list  of  answers  with  respect  to 
that  city. 

1.  Draw  a  map  of  the  city  or  town  in  which  you  live,  or  of  one 

which  is  near  you,  or  of  one  with  which  you  are  familiar. 

2.  How  many  inhabitants  has  this  city  or  town? 

3.  How  many  children  between  the  ages  of  five  and  seventeen? 

Why  is  it  of  interest  to  know  this  ? 

4.  How  many  school-houses?    How  many  teachers? 

5.  How  many  persons  entitled  to  vote? 

6.  How  many  wards  or  precincts?    In  which  one  do  you  live? 

7.  Give  an  account  of  the  city  under  the  following  heads,  naming 

the  chief  persons  in  office  and  giving  their  residences : 

(a)  The  mayor; 

(b)  The  fire  department; 

(c)  The  police  department; 

(d)  The  street  department; 

(e)  The  water  system ; 
(/)  The  lighting  system ; 
(g)  The  public  parks; 
(h)  The  })ublic  lil)raries; 
(i)  The  liospitals; 

(j)  The  almshouses; 

(k)  The  jail; 

(0   Any  other  public  institutions  or  buildings; 

(m)  The  council ; 

ill)  The  judges; 

(o)  The  assessor; 

(p)  The  tax  collector; 

(^)  The  treasurer, 


26  CIVIL  GOVERNMENT. 

8.  Draw  a  plan  of  the  city  hall.     Name  all  the  officials  who  have 

offices  in  the  city  hall,  and  tell  what  room  each  occupies. 

9.  How  is  the  money  raised  to  carry  on  the  city  government? 

10.  How  much  a  year  does  it  take? 

11.  What  officials  are  elected  by  the  people?    What  is  the  term  of 

each? 

12.  When  do  these  elections  take  place? 

13.  How  many  polling  or  voting  places  are  there? 

14.  Who  may  vote  at  these  elections  ? 

15.  May  women  vote  ? 

16.  May  women  hold  any  offices  in  the  city  government? 

17.  AVhat  officers  are  appointed  (not  elected),  and  by  whom? 

What  difference  in  meaning  is  usually  made  between  ' '  ap- 
pointing" and  ''electing?" 


CHAPTER  IV. 

GOVERNMENT    IN   THE   COUNTY. 

9.  The  County. — As  each  one  of  us  lives  in  a  school 
district  and  in  a  township,  so  each  one  lives  in  a  county. 
A  county  is  usually  made  up  of  many  school  districts 
and  townships.  Sometimes,  when  the  population  is  very 
large  and  dense,  constituting  a  great  city,  the  school  dis- 
trict, the  township,  the  city,  and  the  county,  all  coincide 
and  cover  the  same  area. 

10.  County  Officers. — Each  county  has  a  complete 
set  of  officers,  who  have  all  the  powers  necessary  for 
carrying  on  the  affairs  of  the  county.  There  is,  in  the 
first  place,  a  board  of  general  superintendence,  with  the 
power  of  making  laws,  called  a  board  of  supervisors. 
Then  there  are  the  following  officers,  whose  duties  are 
chiefly  in  executing  and  administering  the  laws :  Treas- 
urer, clerk,  auditor,  recorder,  surveyor,  assessor,  tax 
collector,  superintendent  of  schools.  And  thirdly,  there 
are  the  judicial  officers:  Superior  judge  or  judges,  sheriff, 
district  attorney,  coroner,  public  administrator, 


LOCAL  GOVERNMENT.  27 

All  these  officers  are  elected  by  the  voters  of  the  county, 
and  hold  office,  except  the  superior  judge,  assessor,  and 
superintendent  of  schools,  for  two  years.  The  term  of 
office  for  the  superior  judges  is  six  years,  for  assessor 
and  superintendent  of  schools,  four  years. 

11.  Board  of  Supervisors. — Each  county  board  of 
supervisors  consists  of  five  members.  The  county  is 
divided  into  five  supervisorial  districts  as  nearly  equal  in 
population  as  possible.  One  supervisor  is  elected  by  the 
voters  of  each  district,  and  he  must  himself  be  a  voter  of 
that  district. 

The  powers  of  the  board  of  supervisors  are:  To  superin- 
tend the  conduct  of  the  county  officers ;  to  divide  the  county 
into  townships,  and  into  school,  road,  and  other  districts; 
to  establish  election  districts,  supervise  elections,  and  can- 
vass election  returns;  to  establish  and  maintain  roads, 
bridges,  and  ferries;  to  provide  for  the  poor  and  sick;  to 
levy  taxes;  to  equalize  assessments;  to  grant  licenses;  to 
grant  franchises,  etc. 

12.  Treasurer  and  Auditor. — The  treasurer  receives 
and  pays  out  moneys  on  account  of  the  county,  while  the 
auditor  examines  and  adjusts  its  fiscal  concerns. 

13.  Clerk. — The  county  clerk  acts  as  clerk  of  the  board 
of  supervisors  and  of  the  Superior  Court;  he  keeps  all 
county  books,  papers,  and  records;  he  keeps  a  public 
record  of  all  suits  brought  in  the  Superior  Court.  He 
issues  certificates,  such  as  marriage  licenses;  he  usually 
attends  to  the  registration  of  voters. 

14.  Recorder. — The  county  recorder  is  an  important 
officer  in  all  the  American  States.  It  is  a  feature  of  our 
system  of  law  that  a  public  record  is  kept  of  all  the  more 
important  transactions  relating  to  land,  or  real  property. 
The  evidences  of  these  transactions,  such  as  deeds  and 


28  CIVIL  GOVERNMENT. 

mortgages,  are  kept  in  carefully  indexed  books  in  the 
recorder's  office. 

15.  Assessor  and  Tax  Collector. — It  is  the  duty  of 
the  assessor  to  appraise  the  value  of  all  property,  both 
personal  and  real,  for  tax  assessment.  The  taxes  of  each 
county  are  determined  after  the  amount  to  be  raised  for 
the  State  has  been  fixed.  The  rate  of  taxation  is  deter- 
mined by  dividing  the  amount  of  the  tax  by  the  valua- 
tion of  the  property  on  which  the  tax  is  to  be  levied. 
The  quotient  is  the  rate. 

The  duty  of  the  tax  collector  is  to  receive  from  the 
property  owners  the  tax  which  has  been  assessed  upon 
their  property.  Such  taxes  as  are  not  paid  by  the  time 
appointed  by  the  law  are  declared  by  the  tax  collector  to 
be  delinquent.  Between  the  day  of  becoming  delinquent 
and  another  fixed  date,  a  certain  percentage  is  added  to 
the  tax.  Then,  at  the  latter  date,  a  public  auction  is  held; 
and  so  much  of  each  piece  of  property  having  delinquent 
taxes  as  will  satisfy  the  tax  upon  it  is  sold  to  the  highest 
bidder.  At  any  time  within  six  months  after  such  sale, 
the  owner  of  the  property  may  "redeem"  or  recover  it 
from  the  purchaser  by  paying  the  amount  of  the  taxes 
with  fifty  per  cent  added. 

16.  Surveyor. — The  surveyor  is  a  public  official  who 
makes  such  surveys  of  land  as  may  be  required  of  him 
by  order  of  court  or  of  the  board  of  supervisors,  or  upon 
the  application  of  any  private  person.  He  receives  fees 
for  such  work  as  he  may  do,  but  no  salary. 

17.  Superintendent  of  Schools. — It  is  the  duty  of 
the  school  superintendent  to  supervise  the  schools  of  his 
county;  to  apportion  the  school  moneys  among  the  dis- 
tricts of  the  county;  to  preside  at  teachers'  institutes; 
to  enforce  the  county  course  of  study;  to  issue  temporary 
certificates  to  teachers. 


LOCAL  GOVERNMENT.  29 

18.  Sheriff. — The  sheriff  is  one  of  the  most  responsible 
of  the  county  officials.  His  duties  are  of  the  highest  im- 
portance to  the  community.  They  are:  To  preserve  the 
peace;  to  arrest  any  person  who  has  committed  a  public 
offense;  to  have  charge  of  the  county  jails  and  of  the 
prisoners.  He  is  the  executive  officer  of  the  courts,  and 
serves  all  their  papers  and  orders  in  both  civil  and 
criminal  cases.  He  may  call  upon  the  citizens  to  assist 
him  in  the  execution  of  his  duties.  Because  of  the  dan- 
ger and  importance  of  his  office,  he  is  the  highest  paid 
county  official. 

19.  District  Attorney. — The  district  attorney  is  the 
public  prosecutor  of  the  county.  As  such  it  is  his  duty 
to  attend  the  sittings  of  the  Superior  Court,  and  there  con- 
duct, on  behalf  of  the  people,  all  prosecutions  for  public 
offenses.  It  is  his  duty  to  institute  proceedings  before  a 
magistrate  for  the  arrest  of  any  person  charged  with,  or 
reasonably  suspected  of,  a  public  offense.  It  is  his  duty 
to  draw  up  all  indictments,  that  is,  papers  formally  ac- 
cusing persons  of  crime,  and  to  defend  all  suits  brought 
against  the  State  or  against  his  county;  also,  to  conduct 
all  civil  suits  on  behalf  of  the  county.  He  must  give  legal 
advice  to  county  officers  when  requested. 

20.  Coroner. — The  principal  duty  of  the  coroner  is  to 
hold  an  inquest  over  the  body  of  any  person  who  has 
come  to  a  violent  death,  or  a  death  from  an  unknown 
cause.  For  the  purpose  of  such  an  inquest,  he  summons 
a  jury  of  twelve  citizens.  It  is  the  duty  of  the  coroner's 
jury  to  render  a  verdict  giving  the  results  of  their  inves- 
tigation as  to  the  cause  of  the  death.  Such  a  verdict 
may  be  the  means  of  bringing  murderers  to  justice. 

The  public  administrator  takes  charge  of  the  estates  of 
deceased  persons,  for  the  settlement  of  which  the  law  has 
not  otherwise  provided. 


30  CIVIL  GOVERNMENT. 

21.  Superior  Judges.— It  is  the  duty  of  the  superior 
judges  to  preside  over  the  Superior  Courts  that  are 
provided  for  each  county. 

Questions  on  Governmeiit  In  the  County. 

1.  Draw  a  map  of  the  county  in  which  you  Uve. 

2.  Describe  the  natural  features  of  this  county.  ' 

3.  What  is  its  area  in  square  miles  ? 

4.  How  many  civil  townships  in  this  county? 

5.  How  many  school  districts  ? 

6.  How  many  inhabitants?    Number  of  voters  at  last  election? 

7.  Name  the  cities,  towns,  and  villages. 

8.  Where  is  the  county  court-house? 

9.  Give  a  list  of  the  county  officers,  with  the  names  and  resi- 

dence of  the  persons  now  in  office. 

10.  Name  all  the  officers  of  the  county  who  have  offices  in  the 

court-house. 

11.  What  are  the  duties  of  each  county  officer?    What  officers 

are  paid  by  fees?    What  by  salary?    What  by  both?    What 
is  the  salary  of  each  officer  receiving  a  salary  ? 

12.  For  what  term  is  each  county  officer  elected? 

13.  Are  there  any  appointed  county  officers? 

14.  When  do  the  elections  take  place? 

15.  May  women  vote? 

16.  May  women  hold  any  of  the  county  offices?    If  so,  which? 

17.  How  is  the  money  raised  to  carry  on  the  county  government? 

18.  How  much  a  year  does  it  take? 

19.  What  is  the  assessed  valuation  of  all  the  property  in  the 

county? 

20.  When  are  taxes  in  your  county  payable  ? 

21.  To  whom  are  they  payable?    By  whom  are  they  payable? 

22.  What  are  taxes?    Are  they  necessary? 

23.  What  is  meant  by  "delinquent "  taxes? 

24.  When  do  county  taxes  become  delinquent? 

25.  What  penalty  does  the  taxpayer  have  to  pay  for  allowing 

his  taxes  to  become  delinquent  ? 

26.  If  taxes  are  not  paid  within  a  given  time  after  they  become 

delinquent,  what  is  done  to  collect  them?    How  may  the 
owner  redeem  his  property  after  it  has  been  sold  for  taxes  ? 

27.  In  which  supervisorial  district  do  you  live? 

28.  Describe  any  county  buildings  in  your  county,  such  as  high 

^  schools,  poor-houses,  hospitals,  jails,  etc. 


STATE  GOVERNMENT.  31 

PART    II. 


CHAPTER  V. 

GOVERNMENT    IN   THE    STATE. 

22.  The  State. — We  come  now  to  the  study  of  that 
great  political  organism  called  the  State.  The  study  of 
the  government  of  the  State  of  California  will  serve  to 
give  us  a  general  knowledge  of  the  government  of  any 
State  in  the  Union.  We  have  successively  gone  through 
an  examination  of  the  school  district,  the  township,  the 
city  or  town,  and  the  county.  As  the  township  is  made 
up  of  several  school  districts,  and  the  county  of  several 
townships,  so  the  State  is  made  up  of  many  counties. 

23.  Governraent  of  the  State. — The  government  of 
the  State  of  California  is  provided  for  in  its  Constitution. 
The  Constitution  of  a  State  is  formed  by  delegates  of  the 
people  of  the  State  meeting  in  a  convention.  After  the 
Constitution  is  thus  formed,  it  is  submitted  to  the  voters 
of  the  State,  and,  if  adopted  by  them,  becomes  the  funda- 
mental law  of  the  State.  It  establishes  the  framework 
of  the  government.  It  provides  for  a  body,  called  the 
Legislature,  to  make  laws  for  the  people  of  the  State.*  It 
provides  for  executive  officers,  the  Governor  and  certain 
other  officials,  to  see  that  the  Constitution  and  laws  of 
the  State  are  properly  carried  out.^  And  it  provides  for 
courts  of  justice  to  decide  disputes  between  individuals 
and  to  interpret  and  apply  the  law.' 

iCal.  Const.,  Art.  IV.,  Sect.  1.  sCal.  Const.,  Art.  VI.,  Sect.  1. 

«Cal.  Const.,  Art^V.,  Sect.  1. 


32  CIVIL  GOVERNMENT. 

Questions  on  the  State. 

1.  Draw  a  map  of  the  State  of  California. 

2.  Mark  off  and  name  the  counties. 

3.  Wliat  is  the  area  of  CaUfornia  in  square  miles? 

4.  How  many  inhabitants  has  it? 

5.  How  many  persons  voted  at  the  last  State  election  ? 

6.  What  city  is  the  capital? 


CHAPTER  VI. 

THE    STATE    LEGISLATURE. 

24.  Composition  of  the  Legislature. — The  Legis- 
lature of  California  is  divided  into  two  different  bodies, 
called  "houses,"  the  Senate  and  the  Assembly.^  The 
members  of  each  of  these  houses  must  have  been  citizens 
and  inhabitants  of  the  State  for  three  years  and  of  the 
district  for  which  they  may  be  chosen  one  year  next 
before  their  election.''  Assemblymen  are  elected  for  two 
years,'  Senators  for  four  years.*  The  Senate  consists  of 
forty  members,  the  Assembly  of  eighty.^  The  election  of 
Senators  is  so  arranged  that  twenty  are  elected  every 
two  years.® 

The  State  is  divided  every  ten  years,  on  the  basis  of 
the  United  States  census,  into  forty  senatorial  and  eighty 
assembly  districts.  These  districts  must  be  as  nearly 
equal  in  population  as  possible,  and  must  be  formed  of 
contiguous  territory.  Each  senatorial  district  is  entitled 
to  choose  one  Senator,  and  each  assembly  district  one 
Assemblyman.' 

25.  Organization  of  the  Legislature. — Each  house 
regulates  the  form  of  its  own  proceedings,  judges  of  the 

iCal.  Const.,  Art.  IV.,  Sect.  1.  sCal.  Const.,  Art.  IV.,  Sect.  5. 

2Cal.  Const.,  Art.  IV.,  Sect.  4.  ecal.  Const.,  Art.  IV.,  Sect.  5. 

3Cal.  Const.,  Art.  IV.,  Sect.  3.  ^Cal.  Const.,  Art.  IV.,  Sect.  6. 
4Cal.  Const.,  Art.  IV.,  Sect.  4. 


STATE  GOVERNMENT.  33 

qualifications,  elections,  and  returns  of  its  own  members. 
Each  house  chooses  its  own  officers/  except  that  the  Lieu- 
tenant-Governor of  the  State  is  the  presiding  officer  of  the 
Senate.'  The  Assembly  chooses  one  of  its  own  number 
for  its  chairman,  who  is  known  as  the  "  Speaker." 

26.  Standing  Committees  are  appointed  in  each 
house  for  the  speedier  discharge  of  business.  Every  bill  is, 
as  a  rule,  referred  to  one  of  these  committees  for  considera- 
tion. There  is  a  committee  for  each  of  the  more  impor- 
tant branches  of  business  coming  before  the  Legislature. 
The  committees  of  the  Senate  are,  under  a  rule  of  that 
body,  appointed  by  the  presiding  officer,  but  this  rule 
may  at  any  time  be  changed  and  the  appointment  of 
committees  be  made  by  the  Senate  itself.  The  commit- 
tees of  the  Assembly  are  appointed  by  the  Speaker. 

27.  Vacancies  in  either  house  are  filled  by  elections 
which  are  called  by  the  Governor.' 

28.  Privileges  of  Members  of  the  Legislature.— 

Members  of  the  Legislature  are,  in  all  cases  except  when 
they  commit  treason,  felony,  or  breach  of  the  peace, 
privileged  from  arrest  during  the  session  of  the  Legis- 
lature and  for  fifteen  days  before  the  commencement 
and  after  the  termination  of  the  session.  During  the 
same  period  they  are  exempt  from  having  court  papers 
served  on  them  in  any  civil  suit.* 

29.  Quorum. — In  order  that  either  house  of  the  Legis- 
lature may  transact  any  business,  there  must  be  present 
at  the  session  a  majority  of  its  members.  This  working- 
force  of  a  legislative  body  is  called  a  quorum.  A  smaller 
number  than  a  majority  may  adjourn  from  day  to  day 
and  may  compel  the,  attendance  of  absent  members.* 

1  Cal.  Const.,  Art.  IV.,  Sect.  7,  9.     *Cal.  Const.,  Art.  IV.,  Sect.  11. 
2Cal.  Const.,  Art.  V.,  Sect.  15.         scal.  Const.,  Art.  IV.,  Sect.  8. 
"Cal.  Const.,  Art.  IV.,  Sect.  12. 

3— CG 


34  CIVIL  GOVERNMENT. 

30.  Process  of  Law-making.— A  "bill,"  that  is,  a 
draft  of  a  proposed  law,  may  be  introduced  into  either 
house  by  any  one  of  its  members.  It  is  then  referred 
for  consideration  to  the  appropriate  committee.  This 
committee,  if  favorable  to  the  bill,  reports  it  back  to  the 
house — the  Senate  or  Assembly,  as  the  case  may  be — 
recommending  its  passage.  It  must  then  be  printed 
and  read  three  times  on  separate  days.  But  the  house 
may,  by  a  two-thirds  vote,  order  the  three  readings  on 
one  and  the  same  day.  The  bill  may,  by  vote  of  the 
house,  be  "amended"  by  adding  to,  striking  out,  or  alter- 
ing any  of  its  provisions.  After  the  third  reading,  the 
bill,  printed,  together  with  all  amendments,  for  the  ready 
use  of  the  members  of  the  house,  may  be  "passed"  if  a 
majority  of  the  members  elected  vote  "yea."  After  a 
bill  has  passed  one  house  it  is  sent  to  the  other  and  goes 
thj-ough  a  like  process.^ 

After  having  passed  both  houses  of  the  Legislature,  the 
bill  must  be  sent  to  the  Governor.  He  is  allowed  ten 
days  during  which  he  may  consider  the  bill.  During  this 
period,  if  he  approves  and  signs  it,  it  becomes  a  "law." 
But  if  he  disapproves  it  and  refuses  to  sign  it,  he  must  re- 
turn it,  with  a  statement  of  his  objections,  to  the  house  in 
which  it  originated.  This  disapproval  is  called  a  "  veto." 
The  bill  thus  vetoed  is  then  reconsidered  by  the  house  to 
which  it  has  been  returned,  and  if  it  passes  by  a  two-thirds 
vote  of  the  members  elected  it  is  sent  to  the  other  house, 
and  if  it  receives  a  like  vote  there,  it  becomes  a  law,  not- 
withstanding the  Governor's  veto.  If  it  fails  to  receive  a 
two-thirds  vote,  in  either  house,  it  does  not  become  a  law. 

Again,  if  a  bill,  having  passed  both  houses  and  having 
been  duly  sent  to  the  Governor,  shall  not,  during  the 
session,  be  either  signed  by  him  or  returned  to  the  Legis- 
lature with  his  objections  within  ten  days  after  having 

iCal.  Const.,  Art.  IV.,  Sect.  15. 


STATE  GOVERNMENT.  35 

been  presented  to  him  (Sundays  excepted),  it  shall  become 
a  law  without  his  signature. 

But  if,  perchance,  the  Legislature  shall  adjourn  within 
these  ten  days  and  thereby  prevent  the  Governor  from 
returning  the  bill  after  the  full  time  allowed  him  for 
deliberation,  the  Governor  may  decline  to  sign  the  bill, 
and  the  bill  then  fails  to  become  a  law.  This  is  called  a 
"pocket  veto."  If,  however,  during  the  ten  days  allowed 
him  and  after  the  adjournment  of  the  Legislature,  he 
does  sign  it,  the  bill  thus  signed  becomes  a  law.^ 

31 .  Meetings  6f  the  Legislature. — The  Constitution 
requires  the  Legislature  to  meet  every  two  years,  namely, 
on  the  first  Monday  in  January.  And  with  a  view  to 
restricting  the  length  of  the  session,  it  provides  that  the 
members  shall  not  receive  pay  for  a  longer  period  than 
sixty  days.  The  Governor  may,  on  extraordinary  occa- 
sions, call  special  meetings  of  the  Legislature.'^ 

Questions  on  the  State  Legislature. 

1.  What  are  the  two  ''  houses  "  of  the  Legislature  called,  respect- 

ively? 

2.  How  many  members  are  there  in  the  Senate? 

3.  Who  may  be  elected  Senators? 

4.  For  how  long  are  they  elected? 

5.  When  are  they  elected? 

6.  What  compensation  do  they  receive  for  their  services? 

7.  Who  vote  for  Senators? 

8.  In  what  senatorial  district  do  you  live?    Draw  a  map  of  it. 

9.  What  is  the  name  of  the  Senator  now  in  office  from  your 

senatorial  district  and  where  does  he  live?    With  what  polit- 
ical party  is  he  connected? 

10.  How  many  members  are  there  in  the  Assembly? 

11.  Who  may  be  elected  Assemblymen? 

12.  For  how  long  are  they  elected? 

13.  When  are  they  elected? 

14.  What  compensation  do  they  receive  for  their  services? 

15.  Who  vote  for  Assemblymen? 

iCal.  Const.,  Art.  IV.,  Sect.  16.        2Cal.  Const.,  Art.  IV.,  Sect.  2. 


36  CIVIL  GOVERNMENT. 

16.  In  what  assembly  district  do  you  live?    Draw  a  map  of  it. 

17.  What  is  the  name  of  the  Assemblyman  now  in  office  from  your 

assembly  district  and  where  does  he  live?  With  what  polit- 
ical party  is  he  connected? 

18.  Describe  the  organization  of  the  Senate. 

19.  Describe  the  organization  of  the  Assembly. 

20.  What  position  has  the  Lieutenant-Governor  in  the  Senate  ? 

21.  What  position  has  the  Speaker  in  the  Assembly?    What  do 

you  mean  by  "chairman?" 

22.  What  are  the  duties  of  the  Standing  Committees?    How  are 

they  elected  or  appointed? 

23.  How  are  vacancies  in  either  house  filled? 

24.  What  are  the  privileges  of  members  of  the  Legislature — In 

criminal  cases?  In  civil  cases?  What  do  you  mean  by 
the  terms  ''criminal"  and  "civil"?  Are  members  priv- 
ileged from  arrest  when  they  commit  treason,  felony,  or 
breach  of  the  peace?  What  do  you  mean  by  these  terms? 
For  what  time  are  members  privileged? 

25.  What  is  meant  by  a  quorum?    What  constitutes  a  quorum  in 

the  Senate  or  Assembly?  Mention  any  cases  in  which  a 
larger  number  than  a  majority  must  be  present  and  vote. 
What  powers  has  a  less  number  than  a  majority  ? 

26.  Describe  the  way  laws  are  made. 

27.  What  is  meant  by  *'veto?"    Who  has  the  power  of  veto? 

What  is  a  " pocket  veto?" 

28.  When  and  how  often  does  the  Legislature  meet? 

29.  Where  does  it  meet? 

30.  How  long  is  its  regular  session? 

31.  When  and  by  whom  may  "  special "  sessions  be  called? 

32.  Why  should  a  legislative  district  be  formed  of  contiguous  terri- 

tory? 

33.  What  is  meant  by  a  " standing  committee?" 

34.  What  is  the  difference  between  a  standing  and  a  special  com- 

mittee? 

35.  What  is  the  difierence  between  a  bill  and  a  law? 


STATE  GOVERNMENT.  \  37 

CHAPTER  VII. 

THE    STATE   EXECUTIVE    DEPARTMENT. 

32.  Officers  Composing  the  Executive  Depart- 
ment.— The  chief  administrative  officers,  constituting 
what  is  commonly  called  the  executive  department  of 
the  State,  are  the  Governor,  Secretary  of  State,  Con- 
troller, Treasurer,  Attorney-General,  Surveyor-General, 
and  Superintendent  of  Public  Instruction.  All  of  these 
officers  are  elected  by  all  the  voters  of  the  State,  and 
hold  office  for  four  years,  their  terms  beginning  on  the 
first  day  of  January  subsequent  to  their  election.^ 

33.  Character  of  the  Executive  Department. — 

The  chief  executive  officer  of  the  State  is  the  Governor.^ 
He  is  the  most  conspicuous  of  the  State's  officials;  he  rep- 
resents the  unity  of  the  State.  His  duties,  however,  are 
rather  those  of  general  information,  advice,  and  superin- 
tendence than  of  execution.  The  real  carrying  out  of  the 
laws  depends  more  on  the  officials  of  the  counties,  cities, 
and  towns,  elected  severally  by  the  people  of  such  local 
divisions,  than  on  any  State  officials. 

34.  The  Governor. — The  qualifications  established  by 
the  Constitution  of  California  for  the  Governor  are  that 
he  shall  be  at  least  twenty-five  years  of  age,  and  shall 
have  been  a  citizen  of  the  United  States  and  a  resident 
of  California  for  five  years.* 

35.  Powers  and  Duties  of  the  Governor.— The 

powers  and  duties  of  the  Governor  may  be  placed  under 
five  heads:  (1)  As  chief  executive,  it  is  his  duty  to  see 
that  the  laws  are  faithfully  executed.*  He  performs  all 
the  executive  business  that  has  to  be  transacted  with  the 

iCal.  Const.,  Art.  V.,  Sect.  2,  17.      'Cal.  Const.,  Art.  V.,  Sect.  3. 
»Cal.  Const.,  Art.  V.,  Sect.  1.  *Cal.  Const.,  Art.  V.,  Sect.  7. 


1/ 


38  CIVIL  GOVERNMENT. 

officers  of  government,  both  civil  and  military.  He 
may  call  for  information  in  writing,  respecting  the  con- 
duct of  their  offices,  from  the  officers  of  the  executive 
department/  Upon  the  request  of  a  Governor  of  another 
State  he  issues  his  order  for  the  return  of  any  criminal 
who  may  have  fled  from  justice.  This  is  called  an  order 
of  extradition. 

(2)  He  is  to  a  certain  extent  associated  with  the  Legis- 
lature. His  assent  is  necessary  for  giving  legal  force  to 
an  Act  of  the  Legislature,  and  his  veto  prevents  such 
legal  force  unless  the  Legislature  is  able  to  command  a 
two-thirds  majority  in  overriding  his  veto.'^  He  is  em- 
powered to  convene  the  Legislature  in  special  session 
when  in  his  opinion  there  is  an  occasion  demanding  their 
attention.^  In  case  of  disagreement  between  the  two 
houses  with  respect  to  the  time  of  their  adjournment,  he 
may  adjourn  the  Legislature  to  such  time  as  he  thinks 
proper,  provided  that  such  time  is  not  beyond  the  date 
fixed  for  the  meeting  of  the  next  Legislature.*  It  is, 
moreover,  his  duty  to  communicate  by  "  message "  with 
the  Legislature  at  every  session  the  condition  of  the 
State  and  to  recommend  such  measures  as  he  may 
deem  expedient.^ 

(3)  He  is  commander-in-chief  of  the  militia,  the  army 
and  navy  of  the  State.*  This  duty  may  be  called  into 
activity  in  case  of  foreign  invasion  or  of  serious  internal 
disorder. 

(4)  It  is  the  duty  of  the  Governor  to  keep  the  Great 
Seal  of  the  State,  and  with  it  to  seal,  afterwards  sign- 
ing, all  commissions  issued  in  the  name  of  the  people 
of  the  State.''  It  is  also  his  duty,  when  any  office  may 
become  vacant  and  no  mode  of  filling  it  is  provided  by 

iCal.  Const.,  Art.  V.,  Sect.  6.  ^Cal.  Const.,  Art.  V.,  Sect.  10. 

2Cal.  Const.,  Art.  IV.,  Sect.  16.  eCal.  Const.,  Art.  V.,  Sect.  5. 

3  Cal.  Const.,  Art.  V.,  Sect.  9.  7  Cal.  Const.,  Art.  V.,  Sect.  13,  14. 
4Cal.  Const.,  Art.  V.,  Sect.  11. 


STATE  GOVERNMENT.  39 

the  Constitution  or  by  law,  to  fill  the  vacancy  himself 
by  granting  a  commission  which  will  expire  at  the  end 
of  the  next  session  of  the  Legislature,  or  at  the  next 
election  by  the  people.^  He  nominates,  subject  to  ap- 
proval by  the  Senate,  all  State  officers  not  elected  by  the 
people. 

(5)  He  has  power  to  grant  pardons,  reprieves,  and 
commutations  of  sentence  after  conviction,  in  all  cases 
except  treason  and  impeachment.  In  cases  of  treason 
he  is  given  authority  to  suspend  execution  of  sentence 
until  the  meeting  of  the  Legislature,  which  body  may 
then  grant  a  pardon  or  else  affirm  the  sentence.^ 

36.  The  Lieutenant-Governor  must  have  the  same 
qualifications  as  the  Governor.  He  is  elected  at  the 
same  time,  in  the  same  way,  and  for  the  same  term,  as 
the  Governor.  In  case  of  a  vacancy  in  the  governorship, 
the  Lieutenant-Governor  becomes  Governor.  His  only 
duty  as  Lieutenant-Governor  is  to  preside  over  the 
deliberations  of  the  Senate,  in  which  body  he  has  a 
vote  only  in  case  of  a  tie.' 

37.  Secretary  of  State. — It  is  the  duty  of  the  Sec- 
retary of  State  to  keep  a  record  of  the  official  acts  of  the 
legislative  and  executive  departments  of  the  govern- 
ment; to  affix  the  Great  Seal  of  the  State,  of  which  he  is 
custodian,  to  all  commissions,  pardons,  and  other  public 
instruments  to  which  the  official  signature  of  the  Governor 
is  required;  to  record  all  conveyances  to  the  State,  and  all 
articles  of  incorporation  filed  in  his  office,  and  all  official 
bonds;  to  publish  the  Acts  of  the  Legislature  and  to 
distribute  them  in  accordance  with  the  law;  to  make 
a  detailed  report  biennially  to  the  Governor  of  all  his 
official  actions  during  the  preceding  two  years. 

iCal.  Const.,  Art.  V.,  Sect.  8.  'Cal.  Const.,  Art.  V.,  Sect.  15. 

2Cal.  Const.,  Art.  VIl.,  Sect.  1. 


40  CIVIL  GOVERNMENT. 

38.  The  Controller.— It  is  the  duty  of  the  Controller 
to  superintend  the  fiscal  concerns  of  the  State;  to  keep  all 
accounts  in  which  the  State  is  interested;  to  audit  all 
claims  against  the  State;  to  issue  warrants  for  all  legal 
disbursements  of  money  from  the  State  treasury;  to 
give  information,  when  requested,  to  the  Legislature  or 
to  either  house  relating  to  the  fiscal  affairs  of  the  State 
or  the  duties  of  his  office;  to  make  to  the  Governor  a 
biennial  report  of  the  funds  of  the  State,  of  its  revenues, 
and  of  the  public  expenditures  during  the  preceding  two 
years,  together  with  an  estimate  of  the  same  for  the 
ensuing  tw^o  years. 

39.  The  Treasurer. — The  duty  of  the  Treasurer  is  to 
keep  all  moneys  belonging  to  the  State  subject  to  the 
warrants  of  the  Controller;  to  give  information,  when 
requested,  to  the  Legislature  or  to  either  house  as  to 
the  condition  of  the  treasury  or  the  duties  of  his  office; 
to  make  a  biennial  report  to  the  Governor  of  the  exact 
balance  in  the  treasury  to  the  credit  of  the  State,  together 
with  a  summary  of  the  receipts  and  expenditures  during 
the  preceding  two  years. 

40.  The  Attorney-General. — It  is  the  duty  of  the 
Attorney-General  to  attend  the  Supreme  Court  and  prose- 
cute or  defend  all  cases  to  which  the  State  or  any  officer 
thereof,  in  his  official  capacity,  is  a  party,  and  all  cases 
in  which  any  county  is  a  party,  unless  the  interests  of 
the  county,  or  one  of  its  officers,  in  his  official  capacity, 
is  adverse  to  the  State.  The  Attorney-General  is  the 
only  person  entitled  to  represent  the  people  in  the 
Supreme  Court.  It  is  his  duty  to  exercise  supervision, 
over  district  attorneys,  and,  when  required  by  the  public 
service  or  directed  by  the  Governor,  to  go  to  any  county 
in  the  State  and  assist  the  district  attorney  in  the  dis- 
charge of  his  duties.     It  is  his  duty  to  give  his  opinion 


BTAm  QOVERNMEm.  41 

in  writing  to  the  Legislature  or  to  either  house,  to  the 
Governor,  Secretary  of  State,  Controller,  Treasurer, 
Superintendent  of  Public  Instruction,  trustees  of  State 
institutions,  and  to  any  district  attorney,  upon  any  ques- 
tion of  law  relating  to  their  respective  offices;  to  make 
a  biennial  report  to  the  Governor  on  the  affairs  of  his 
department. 

41.  The  Surveyor- General. — It  is  the  duty  of  the 
Surveyor-General  to  keep  a  register  which  will  show  all 
important  matters  relating  to  the  public  lands  of  the 
State;  to  survey  and  mark,  when  required,  the  boundary 
lines  of  counties,  cities,  villages,  and  towns;  to  make 
biennially  to  the  Governor  a  report  which  shall  show: 

(1)  The  condition  of  surveys  required  of  him  by  law; 

(2)  the  quantity  and  condition  of  the  lands  belonging 
to  the  State;  (3)  the  quantity  of  arable  and  grazing 
land  in  each  county;  (4)  the  number  of  horses,  cattle, 
sheep,  and  swine  in  each  county;  (5)  the  quantity  of 
agricultural  and  horticultural  productions  of  the  State 
during  the  preceding  two  years,  together  with  a  discus- 
sion of  the  diseases  affecting  the  same;  (6)  information 
regarding  mineral  lands  and  mineral  productions  in  each 
county;  (7)  all  facts  likely  to  promote  the  development 
of  the  resources  of  the  State. 

42.  The  Superintendent  of  Public  Instruction. — 

The  State  Superintendent  of  Public  Instruction  has  general 
oversight  of  the  educational  work  of  the  State.  It  is  his 
duty  to  collect  information  relating  to  the  public  schools; 
to  ascertain  the  number  of  school  children  in  each  district, 
the  number  of  teachers,  the  amount  yearly  expended  on 
schools,  and  to  collect  various  other  statistical  and  useful 
information  pertaining  to  public  education.  He  appor- 
tions semi-annually,  the  State  school  moneys  among  the 
counties.     He  makes  a  biennial  report  of  these  matters  to 


42  CIVIL  GOVERNMENT. 

the  Governor,  suggesting  improvements  in  the  manage- 
ment of  the  public  schools. 

Questions  on  the  State  Executive  Department. 

1.  Who  is  the  chief  executive  officer  of  the  State? 

2.  Who  may  be  elected  Governor? 

3.  For  how  long  is  he  elected? 

4.  When  is  he  elected? 

5.  What  is  his  salary? 

6.  Who  may  vote  for  Governor? 

7.  What  is  the  name  of  the  present  Governor  and  where  is  his 

home?    With  what  political  party  is  lie  connected? 

8.  What  are  the  duties  of  the  Governor? 

9.  Answer  the  same  questions  (2-8)  with  respect  to  each  of  the 

following  officials : 

(a)  The  Lieutenant-Governor; 

(b)  The  Secretary  of  State ; 

(c)  The  Controller; 

(d)  The  Treasurer; 

(e)  The  Attorney-General ; 
(/)  The  Surveyor-General; 

(g)  The  Superintendent  of  Public  Instruction. 


CHAPTER  VIII. 

THE    STATE    JUDICIAL   DEPARTMENT. 

43.  The  Judicial  Power.— The  judicial  power  of  the 
State  is  vested  by  the  Constitution  in  justices  of  the 
peace,  Superior  Courts,  and  a  Supreme  Court.  The 
Legislature  is  also  authorized  to  establish  inferior  courts 
in  any  incorporated  city  or  town,  or  in  any  city  and 
county.  The  Senate,  when  sitting  as  a  court  of  impeach- 
ment, is  to  be  included  within  the  judicial  department  of 
the  State.' 

44.  Justices  of  the  Peace. — The  lowest  grade  of  courts 
is  that  of  a  justice  of  the  peace.     Justices  of  the  peace 

iCal.  Const.,  Art.  VI.,  Sect.  1. 


STATE  GOVERNMENT.  43 

are  elected  by  the  voters  of  a  township,  or  of  an  incor- 
porated city  or  town,  or  of  a  city  and  county.  Their 
jurisdiction,  or  authority,  is  confined  to  the  district  for 
which  they  are  elected.  The  number  for  each  district  is 
determined  by  the  Legislature.^ 

45.  Superior  Courts. — The  next  higher  in  the  regular 
scale  of  courts  are  the  Superior  Courts.  These  courts 
might  be  styled  "  County  Courts,"  for  there  are  for  each 
county*  in  the  State  from  one  to  twelve  such  courts,  the 
number  varying  according  to  the  population  and  the 
amount  of  legal  business  in  the  county.  The  Superior 
Judges  are  elected  by  the  voters  of  the  county  at  the 
general  State  election,  and  hold  office  for  a  term  of  six 
years.^ 

46.  The  Supreme  Court. — The  next  in  the  scale  and 
the  highest  in  the  State  series  is  the  Supreme  Court. 
The  Supreme  Court  consists  of  a  Chief  Justice  and  six 
Associate  Justices.  All  the  Supreme  Court  judges  are 
elected  at  the  general  State  election  by  the  voters  of  the 
State,  and  hold  office  for  a  term  of  twelve  years.' 

47.  The  Senate  as  a  Court  of  Impeachment. — 

When  the  Assembly  considers  that  any  one  of  the  chief 
executive  officers  of  the  State,  or  a  judge  of  the  Supreme 
Court  or  of  a  Superior  Court,  has  been  guilty  of  any  mis- 
demeanor in  office,  it  sends  articles  of  impeachment  against 
such  official  to  the  Senate.  The  Senate  then  convenes  as 
a  court  to  try  the  injpeachment.  The  Senators  are  placed 
under  oath  or  affirmation.  A  concurrence  of  two  thirds 
of  all  the  members  elected  to  the  Senate  is  necessary  to 

*  Except  that  there  is  only  one  Superior  Judge  for  the  two  counties 
of  Sutter  and  Yuba. 
iCal.  Const.,  Art.  VI.,  Sect.  11. 
2Cal.  Const.,  Art.  VI.,  Sect.  5-10,  12-15,  17-20,  22-24. 
3Cal.  Const.,  Art.  VI.,  Sect.  2-4,  12-18,  21-24. 


44  CIVIL  GOVERNMENT. 

convict  the  person  impeached.  The  judgment  of  con- 
viction carries  with  it  removal  from  office  and  disqualifi- 
cation to  hold  any  office  of  honor,  trust,  or  profit  under 
the  State.  Whether  convicted  or  acquitted  by  the  Senate, 
the  person  is  liable  to  indictment,  trial,  and  punishment 
in  the  ordinary  courts  according  to  law.^ 

Questions  on  the  State  Judicial  Department. 

1.  What  are  the  functions  of  courts? 

2.  How  many  Justices  or  Judges  in  the  State  Supreme  Court? 

3.  For  how  long  are  they  elected? 

4.  When  are  they  elected? 

5.  What  is  the  salary  of  each? 

6.  Who  may  vote  for  Justices  of  the  Supreme  Court? 

7.  What  are  the  names  of  the  present  Justices,  and  who  is  Chief 

Justice  ? 

8.  What  is  an  impeachment? 

9.  Who  constitute  the  State  court  of  impeachment? 

10.  Describe  the  trial  under  articles  of  impeachment. 

11.  What  are  the  penalties  of  conviction? 

12.  How  many  Sui)erior  Judges  in  your  county?    What  are  their 

names? 

iCal.  Const.,  Art.  IV.,  Sect.  17,  18. 


FEDERAL  GOVERNMENT.  45 

PART    III. 


CHAPTER  IX. 

THE   FEDERAL    CONSTITUTION. 

48.  The  Constitution  of  the  United  States  estab- 
lishes the  framework  of  the  government,  and  sketches 
in  outline  the  functions  of  the  various  parts  of  the  gov- 
ernmental machinery.  It  seldom  goes  into  detail,  but 
confines  itself  to  giving  general  directions,  to  laying 
down  general  principles.  The  details  are,  as  a  rule,  to 
be  supplied  by  statutes  enacted  by  Congress,  which  is 
established  by  the  Constitution  as  the  legislative  body  of 
the  Union.  While  in  this  way  the  foundations  and 
great  principles  of  government  are  firmly  fixed  by  the 
Constitution,  ample  opportunity  is  left  for  the  free 
growth  of  all  necessary  institutions. 

49.  Formation  of  the  Constitution. — The  Constitu- 
tion was  formed,  in  1787,  by  a  general  convention  which 
represented  the  people  of  all  the  States,  and  it  was  adopted 
by  special  representative  conventions  in  all  the  States.^ 

50.  Amendments  to  the  Constitution.— There 
are  two  methods  provided  for  proposing  alterations  or 
amendments  to  the  Constitution.  Congress  itself,  either 
by  a  vote  of  two  thirds  of  the  members  of  each  house 
proposes  amendments,  or,  on  the  application  of  two 
thirds  of  the  Legislatures  of  the  several  States,  calls  a 
general  convention  for  framing  and  proposing  amend- 

lU.  S.  Const.,  Art.  VII. 


46  CIVIL  GOVERNMENT. 

ments.  Amendments  having  been  proposed  in  either 
one  of  these  two  ways,  Congress  submits  them  for 
adoption  either  to  the  Legislatures  of  the  States  or  to 
special  conventions  in  the  States;  and  then,  upon  their 
being  ratified  by  three  fourths  of  the  Legislatures  or  of 
the  conventions,  as  the  case  may  be,  they  become  a  part 
of  the  Constitution.^ 

There  has  been  no  general  convention  since  the  one 
which  framed  the  Constitution  in  1787,  and  all  the  fif- 
teen amendments  that  have  been  made  to  the  Constitu- 
tion subsequently  have  been  proposed  by  Congress  and 
ratified  by  the  State  Legislatures.  The  only  limitation 
now  existing  upon  the  power  of  amendment  is  that  no 
State  shall,  without  its  consent,  be  deprived  of  its  equal 
suffrage  in  the  Senate.^ 

51.  The  Supreme  Law.— The  Constitution  declares 
that  "This  Constitution,  and  the  laws  of  the  United 
States  which  shall  be  made  in  pursuance  thereof,  and  all 
treaties  made,  or  which  shall  be  made,  under  the  authority 
of  the  United  States,  shall  be  the  supreme  law  of  the 
land;  and  the  judges,  in  every  State,  shall  be  bound 
thereby,  anything  in  the  Constitution  and  laws  of  any 
State  to  the  contrary  notwithstanding.'"' 

From  this  we  see:  (1)  That  the  Constitution  is  the 
fundamental  law,  supreme  as  it  stands,  and  unchange- 
able except  by  the  proper  course  of  amendment:  "a  law 
for  rulers  and  people,  equally  in  war  and  in  peace,  cover- 
ing with  the  shield  of  its  protection  all  classes  of  men,  at 
all  times  arid  under  all  circumstances."*  (2)  That  a 
law  of  the  United  States,  in  order  to  be  the  supreme 
law,  must  be  made  in  pursuance  of  the  Constitution; 
that  a  treaty,  in  order  to  be  the  supreme  law,  must  be 
made   under   authority  conferred   by  the   Constitution. 

1 U.  S.  Const.,  Art.  V.  s  u.  S.  Const.,  Art.  VI.,  Par.  2. 

2U.  S.  Const.,  Art.  V.,  last  clause.    *  Supreme  Court  of  United  States. 


FEDERAL  GOVERNMENT.  47 

A  law  is  not  superior  to  a  treaty,  nor  a  treaty  to  a  law; 
if  they  relate  to  the  same  subject,  and  are  inconsistent 
with  each  other,  the  one  that  is  later  in  time  supersedes 
the  earlier.  (3)  That  a  State  law  must  yield  to  the 
supreme  law,  whether  the  supreme  law  is  expressed  in 
the  federal  Constitution  or  in  constitutional  laws  and 
treaties  of  the  United  States.     • 

Questions  on  the  Constitution  of  the  United  States. 

1.  What  is  the  Constitution  of  the  United  States? 

2.  When  was  it  formed  and  when  did  it  go  into  operation  ? 

3.  By  whom  was  it  formed  and  by  whom  adopted? 

4.  How  may  it  be  amended  ? 

5.  How  many  amendments  have  been  added  to  it? 

6.  What  is  the  wording  of  the  provision  of   the  Constitution 

referring  to  the  "  supreme  power? " 

7.  What  is  the  meaning  of  the  provision? 


CHAPTER  X. 

THE    FEDERAL    LEGISLATURE. 

52.  Congress. — The  law-making  power  is  lodged, 
just  as  in  the  States,  in  a  double  Legislature  called 
Congress,  consisting  of  a  House  of  Representatives  and 
a  Senate.^ 

There  is  an  essential  distinction  between  these  two 
parts  of  Congress,  and  they  represent  different  principles. 
The  House  of  Representatives  is  a  body  of  j3ersons  chosen 
from  each  State,  the  number  depending  upon  the  popula- 
tion of  the  State.  The  larger  a  State's  population,  the 
greater  its  number  of  Representatives  in  the  House. 
This  house  represents,  then,  the  people,  but  yet  the 
people  divided  into  States.     In  the  Senate,  on  the  other 

lU.  S.  Const.,  Art.  I.,  Sect.  1. 


48  CIVIL  GOVERNMENT. 

hand,  each  State  has  the  same  number  of  members, 
namely,  two.  The  Senate,  then,  represents  the  principle 
of  State  equality,  or,  as  it  is  called,  the  federal  principle; 
while  the  House  of  Representatives  represents  the 
national  principle. 

53.  House  of  Representatives. — The  House  of 
Representatives  represents,  as  we  said,  the  people  of  the 
United  States  by  States.  The  number  of  Representa- 
tives is  determined  by  Congress,  and  is  re-apportioned 
every  ten  years  on  the  basis  of  the  latest  census.^  The 
Constitution  directed  that  the  number  of  Representa- 
tives should  never  exceed  one  for  every  thirty  thousand 
inhabitants  in  a  State.^  After  making  provision  for  the 
number  of  members  in  the  first  Congress,  it  left  to 
Congress  to  re-apportion  in  future  the  number  every 
ten  years.  The  number  of  members  has  steadily  grown, 
from  sixty-five  in  1789  to  three  hundred  and  thirty  in 
1890,  and  the  ratio  of  the  apportionment  has  decreased 
from  one  for  every  thirty-three  thousand  to  one  for  every 
one  hundred  and  fifty-four  thousand  three  hundred  and 
twenty-five. 

It  is  provided,  however,  by  the  Constitution,  that  every 
State,  even  though  it  do  not  have  a  population  as  large 
as  the  ratio  of  apportionment,  shall  have  one  Representa- 
tive in  Congress.*  There  are  several  States,  which  not 
having  a  population  of  one  hundred  and  fifty-four  thou- 
sand, have  nevertheless  one  Representative  in  Congress. 

54.  Qualifications  of  a  Representative. — A  person 
to  be  elected  a  Representative  must  be  at  least  twenty-five 
years  of  age,  must  have  been  a  citizen  of  the  United 
States  for  seven  years,  and  must  be  at  the  time  of  his 

lU.  S.  Const,,  Art.  I.,  Sect.  2,  Par.  3;  and  Amend.  XIV.,  Sect.  2. 
2U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  3. 
8U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  3. 


FEDERAL  GOVERNMENT.  49 

election  an  inhabitant  of  the  State  from  one  of  whose 
districts  he  is  chosen/ 

55.  The  Term  of  a  Representative  is  two  years.^ 
And  this  time,  two  years,  is  also  the  term  of  the  whole 
House  and  of  Congress.  The  Senate,  as  we  shall  see,  has  a 
continuous  life,  but  it  is  considered  that  a  new  Congress 
begins  with  each  new  House.  The  First  Congress  went 
into  operation  March  4,  1789,  On  the  fourth  of  March 
in  every  second  year — that  is,  in  every  odd  year — a  new 
Congress  begins  its  term.  Therefore,  the  Congress  of 
1891-93  is  known  as  the  Fifty-second  Congress.  Of 
course,  as  a  matter  of  fact,  many  Representatives  who 
have  served  before  are  reelected  to  each  new  Congress. 

56.  Who  May  Vote  for  Representatives.— The 

Constitution  provides  that  those  persons  in  each  State 
who  are  qualified  under  the  laws  of  the  State  to  vote  for 
members  of  the  larger  of  the  two  houses  of  the  State 
Legislature — that  is,  in  California,  the  Assembly — may 
vote  for  members  of  the  House  of  Representatives  of 
the  United  States.^  It  seems,  therefore,  that  the  States, 
each  in  its  own  way,  prescribes  the  qualifications  of 
those  who  may  vote  for  Representatives  to  Congress. 
This  arrangement  leads  to  considerable  diversity,  and 
may  result  in  persons  who  are  not  recognized  as  citizens 
of  the  United  States  voting  for  members  of  Congress. 

57.  Organization  of  the  House.— The  House  has  its 
own  rules  for  regulating  the  number  and  the  duties  of  its 
officers  and  for  arranging  its  own  way  of  doing  business.* 

58.  The  Speaker.— The  chief  officer  is  the  Speaker. 
He  is  a  member  of  the  House  and  is  elected  by  his  fellow- 

1 IJ.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  2. 
'i  U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  1. 
3U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  1. 
*  U.  S.  Const.,  Art.  I.,  Sect.  5. 

4— CG 


50  CIVIL  GOVERNMENT. 

members.  He  is  usually  chosen  by  a  party  vote,  and  his 
election  is  the  most  exciting  business  of  each  new  Congress. 
He  is  certainly  one  of  the  most  powerful  officers  in  the 
whole  government,  his  power  arising  from  the  fact  that  he 
appoints  the  standing  committees,  who  practically  con- 
trol the  legislation  of  the  House.  The  name  of  "  Speaker  " 
is  taken  from  the  practice  in  England,  where  the  presid- 
ing officer  of  the  House  of  Commons  was  so  called, 
because,  formerly,  he  was  their  spokesman,  or  speaker,  in 
communications  with  the  king.  The  name,  as  we  have 
seen,  is  used  for  the  presiding  officer  of  the  larger  of  the 
two  houses  in  the  State  Legislatures,  and  it  is  also  used 
in  all  the  English  colonies. 

59.  The  Standing  Committees  are  appointed  by 
the  Speaker  immediately  after  his  election.  The  House 
is  so  large,  and  has  so  much  business  to  transact  at  each 
session,  that  its  work  is  practically  done  by  the  more 
important  of  these  committees.  The  House  as  a  whole 
is  not  even  able  to  debate  and  discuss  the  reports  of  its 
committees  to  the  extent  that  is  done  in  the  Senate.  The 
report  of  a  committee  is  adopted  almost  as  a  matter  of 
course,  for  naturally  the  majority  of  the  committee  reflect 
the  party  majority  in  the  House.  Every  member  of  the 
House  is  a  member  of  some  committee  or  other.  Most 
of  the  committees,  however,  have  but  little  business  to 
attend  to,  some,  in  fact,  having  no  duties  assigned  to  them 
by  the  rules. 

The  two  most  important  committees  are  those  on 
appropriations  and  on  ways  and  means.  The  committee 
on  appropriations  has  charge  of  the  bills  that  allow  the 
money  necessary  for  meeting  the  yearly  expenses  of  the 
government.  This  committee,  under  the  rules  of  the 
House,  has  power  to  bring  its  reports  at  any  time  before 
the  House  for  their  consideration.     It  can  thus  stop  the 


FEDERAL  GOVERNMENT.  51 

consideration  of  any  other  question  whenever  it  chooses, 
and  thus  practically  control  the  House  in  its  use  of  its 
time.  Recent  rules  have  taken  some  of  the  business  out 
of  the  hands  of  this  committee,  by  giving  to  committees 
on  special  departments — such  as  the  war  department 
or  the  navy  department — the  consideration  of  bills 
appropriating  money  to  such  departments.  The  com- 
mittee on  ways  and  means,  which  has  charge  of  questions 
of  taxation,  is  likewise  an  important  and  powerful  com- 
mittee. The  chairmen  of  these  two  committees  hold 
positions  of  great  influence. 

60.  Vacancies  in  the  House. — If  a  vacancy  occurs  in 
the  representation  of  any  State  through  death,  resigna- 
tion, removal,  or  other  cause,  the  Governor  of  the  State 
calls  an  election  by  the  people.^  The  person  then  elected 
serves  only  for  the  remainder  of  the  term  for  which  his 
predecessor  was  elected. 

61 .  Senate. — The  Senate  consists  of  two  members  from 
each  of  the  States  of  the  Union.  Senators  are  chosen  by 
the  Legislature  of  the  State  they  represent,  and  they  hold 
office  for  six  years.'^  They  must  be  not  less  than  thirty 
years  of  age,  citizens  of  the  United  States  for  nine  years, 
and  inhabitants  of  the  State  which  they  are  chosen  to 
represent.^ 

62.  Division  of  the  Senate. — The  Constitution 
directed  that  the  first  Senate  should,  upon  assembling, 
divide  its  members,  by  lot,  into  three  classes  as  nearly 
equal  as  possible.  The  members  of  one  of  these  classes 
was  then  to  retire  at  the  end  of  two  years;  the  members  of 
the  second  class  at  the  end  of  four  years;  and  the  members 

1 U.  S.  Const.,  Art.  1.,  Sect.  2,  Par.  4. 
2X1.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  1. 
3  IT.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  3. 


52  CIVIL  GOVERNMENT. 

of  the  third  class  at  the  end  of  the  full  term,  six  years.* 
Thereafter,  every  Senator  would  hold  office  for  six  years, 
except  that  upon  the  admission  of  a  new  State,  its  first 
two  Senators  draw  lots  for  a  "long"  and  a  "short"  term. 
In  this  way  one  third  of  the  Senate  vacate  their  seats 
every  two  years. 

The  object  of  this  arrangement  is  to  give  continuous 
life  to  the  Senate  and  something  like  permanency  to 
this  branch  of  Congress.  The  members  of  the  House  of 
Representatives,  on  the  other  hand,  by  vacating  their 
seats  all  together  every  two  years,  are  intended  to  reflect 
the  changing  ideas  of  the  people. 

63.  Voting  in  the  Senate.— While  the  Senators 
represent  the  States,  that  is,  the  federal  idea,  still  every 
Senator  may  cast  his  vote  on  any  question  in  the  Senate 
as  he  chooses.''  It  may  thus  happen,  as  it  frequently 
does,  that  the  two  Senators  from  one  State  may  vote  on 
different  sides  of  the  same  question.  And  the  two  Sena- 
tors from  one  State,  being  elected  at  difterent  times,  may, 
and  often  do,  belong  to  different  political  parties. 

64.  Organization  of  the  Senate. — As  in  the  case 
of  the  House,  the  Senate  regulates  its  own  methods  of 
procedure,^  and  appoints  all  its  own  officers,*  except  its 
presiding  officer.^ 

65.  The  presiding  officer  of  the  Senate  is  the 

Vice-President  of  the  United  States,  whose  only  duty  is, 
except  in  the  case  of  the  death  of  the  President,  to  pre- 
side over  the  deliberations  of  the  Senate.  He  is  not  a 
member  of  the  Senate,  he  cannot  participate  in  its  dis- 

1  U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  2. 
2U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  1. 
3U.  S.  Const.,  Art.  I.,  Sect.  5,  Par.  2. 
*U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  5. 
6TT.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  4. 


FEDERAL  GOVERNMENT.  53 

cussions,  and  he  can  vote  only  in  cases  where  there  is  a 
tie/  The  Senate  chooses  from  its  own  number  a  Presi- 
dent pro  tempore,  who  presides  in  the  absence  of  the 
Vice-President,  or  when  the  Vice-President  has  become 
President  of  the  United  States.'^ 

66.  Standing  Committees  of  the  Senate. — The 

work  of  the  Senate  is  in  large  measure  done  through  its 
standing  committees.  These  committees  are  elected  by 
the  Senate  for  all  the  great  classes  of  topics  which  come 
up  for  legislative  action.  Thus  there  are  committees  on 
appropriations,  finance,  foreign  affairs,  etc.  Their  method 
of  working  is  similar  to  that  of  the  standing  committees 
of  the  House.  The  Senate  committees  do  not  monopolize 
all  the  power  of  their  house  as  do  the  House  committees 
the  power  of  theirs.  The  reason  for  this  is,  that  the 
Senate,  being  a  much  smaller  body,  can  discuss  and  de- 
bate questions  much  more  easily  than  the  House.  The 
continuous  life  of  the  Senate,  too,  helps  in  this,  because 
the  Senate  does  not  have  to  consume  a  great  amount  of 
time  at  the  beginning  of  each  new  Congress  in  effecting 
its  organization.  There  is  never,  of  course,  any  time  lost 
in  the  election  of  its  presiding  officer. 

Because  of  the  fact  that  the  Vice-President,  the  chair- 
man of  the  Senate,  is  not  a  member  of  the  Senate,  the 
Senate  elects  its  own  committees  by  ballot. 

67.  Vacancies. — Vacancies  from  any  State  are  filled 
by  the  Legislature  of  that  State,  if  the  Legislature  is  in 
session;  if  not,  then  by  the  Governor  of  the  State  until 
the  next  meeting  of  the  Legislature.* 

68.  Quorum. — In  order  that  either  house  of  Congress 
may  do  any  business,  there  must  be  present  a  majority 

»U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  4. 
2U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  5. 
»U.  S.  Const.,  Art.  1.,  Sect.  3,  Par.  2. 


54  CIVIL  GOVERNMENT. 

of  its  members;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  be  authorized  to  compel  the  attend- 
ance of  absent  members,  in  such  manner  and  under  such 
penalties,  as  each  house  may  provide  for  itself.^  Such  a 
quorum  is  not  in  all  countries,  as  it  is  in  all  the  legislative 
bodies  of  our  country,  a  majority  of  the  members.  For 
instance,  in  the  English  House  of  Commons,  the  number 
of  whose  members  is  six  hundred  and  seventy,  the 
quorum  is  only  forty. 

69.  Meetings  of  Congress.— The  Constitution  re- 
quires Congress  to  meet  at  least  once  in  every  year.* 
There  are  thus  two  regular  sessions  during  the  term  of 
each  Congress.  One  of  these  sessions  is  popularly  known 
as  the  "long"  session  and  the  other  as  the  "short"  session. 
Each  new  Congress  ordinarily  assembles  on  the  first 
Monday  of  December  in  the  odd-numbered  years  and 
continues  till  the  following  spring  or  summer.  This  is 
the  long  session.  Then,  in  the  even-numbered  years, 
Congress  again  assembles  on  the  first  Monday  in  De- 
cember and  continues  in  session  until  March  4  following, 
when  it  must  adjourn,  its  term  having  expired.  This  is 
the  short  session. 

Inasmuch  as  members  of  the  House  of  Representatives 
are  elected  in  November  of  the  even-numbered  years, 
and  inasmuch  as  the  then  existing  Congress  does  not 
expire  until  the  following  March,  a  short  session  inter- 
venes between  the  election  of  Representatives  and  their 
taking  seats.  The  interval  between  the  election  of 
Representatives  and  their  entering  Congress  is  thus 
usually  thirteen  months. 

Special  sessions  may  -be  convened  by  the  President.' 

lU.  S.  Const.,  Art.  I.,  Sect.  5,  Par.  1. 
2 IT.  S.  Const.,  Art.  I.,  Sect.  4,  Par.  2. 
3U,  S.  Const.,  Art.  II.,  Sect.  3. 


FEDERAL  GOVERNMENT.  55 

70.  Power  of  either  House  over  its  Members. — 
Each  house  is  judge  of  the  election,  qualifications,  and 
return  of  its  members.  It  may  punish  a  member  for 
disorderly  conduct,  and  it  may,  with  the  concurrence  of 
two  thirds,  expel  a  member. 

71.  Journal. — Each  house  must  keep  and  publish  a 
journal  of  its  proceedings.  The  yeas  and  nays  must,  on 
any  question,  when  demanded  by  one  fifth  of  the  members 
present,  be  entered  on  the  journal.  Likewise,  in  the  case 
of  the  reconsideration  of  a  bill  vetoed  by  the  President, 
the  names  of  the  persons  voting  for  and  against  the  bill 
must  be  entered  on  the  journal  of  the  appropriate  house. 

72.  Adjournment. — Neither  house  may  adjourn  dur- 
ing the  session  of  Congress  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  Congress  may  be 
sitting,  without  the  consent  of  the  other  house.* 

73.  Privileges  and  Disabilities  of  Members  of 
Congress. — Senators  and  Representatives  receive  from 
the  United  States  a  compensation  determined  by  law. 
They  are  privileged  from  arrest  while  attending  the  ses- 
sions of  Congress  or  in  going  to  and  from  the  same,  in 
all  cases  except  treason,  felony,  and  breach  of  the  peace. 
Their  freedom  of  speech  is  guaranteed  by  the  provision 
that  a  Senator  or  Representative  shall  not  be  questioned  in 
any  other  place  for  any  spefich  or  debate  in  either  house. 

No  person  holding  another  office  under  the  United 
States  may  be  a  member  of  either  house  while  he  con- 
tinues in  the  former  office;  and  no  Senator  or  Representa- 
tive shall,  during  his  term,  be  appointed  to  any  civil  office 
under  the  United  States  which  shall  have  been  created  or 
its  emoluments  increased  during  that  time,' 

lU.  S.  Const.,  Art.  I.,  Sect.  6. 
2  U.  S.  Const.,  Art.  I.,  Sect,  Q, 


56  CIVIL  GOVERNMENT. 

74.  Process  of  Law  Making. — The  process  of  mak- 
ing laws  followed  by  Congress  is  similar  to  that  followed 
by  the  Legislature  of  California,  as  described  in  Section 
30,  except  in  one  particular.  In  Congress,  it  is  only 
necessary  that  a  bill,  in  order  to  become  a  law,  shall 
receive  the  concurrence  of  a  majority  of  a  quorum  in  each 
house,  while  in  the  Legislature  of  California,  it  is  neces- 
sary that  it  receive  the  concurrence  of  a  majority  of  all 
the  members  elected  to  each  house.  The  method  followed 
by  Congress  renders  it  possible  to  pass  a  law  by  a  minority 
of  the  members  elected.  The  veto  power  of  the  President 
is  similar  to  that  of  the  Governor.^  All  bills,  except 
those  for  raising  money,  may  ''originate"  in  either  house 
and  may  be  amended  or  rejected  in  the  other. 

75.  Money  Bills. — But  all  bills  for  raising  revenue  or 
appropriating  money  must,  according  to  the  Constitution, 
originate  in  the  House  of  Representatives.^  In  making 
this  exception  in  the  case  of  money  bills,  the  framers  of 
our  Constitution  were  following  the  practice  in  England, 
where  it  is  required  that  such  bills  must  originate  in  the 
House  of  Commons.  The  reason  for  this  in  England  is 
that  the  House  of  Commons  represents  the  people  at 
large,  while  the  House  of  Lords  represents  only  a  par- 
ticular class,  the  nobility;  therefore,  any  bill  which  is 
to  lay  a  tax  on  the  people  or  use  their  money  ought  to 
originate  with  their  representatives. 

This  reason  does  not  hold  so  strongly  in  the  United 
States,  where  both  the  House  of  Representatives  and  the 
Senate  either  directly  or  indirectly  represent  the  people. 
But  the  House  of  Representatives  being  directly  elected 
by  the  people,  being  a  more  numerous  body,  and  being,  in 
consequence  of  its  short  term,  more  often  called  to  account 

lU.  S.  Const.,  Art.  I.,  Sect.  7,  Par.  2. 
2  U.  S.  Const.,  Art.  I.,  Sect.  7,  Par.  L 


FEDERAL  GOVERNMENT.  57 

at  the  polls,  it  was  considered  wise  to  adopt,  in  so  far,  the 
English  custom. 

An  exception,  however,  was  made  in  this  custom,  for 
while  the  House  of  Lords  is  not  allowed  to  make  any 
amendments  to  the  House  of  Commons'  money  bills, 
permission  is  given  to  the  Senate  to  propose  what  amend- 
ments it  pleases  to  money  bills  that  come  to  it  from  the 
House  of  Representatives. 

Questions  on  Congress. 

1.  What  is  the  wording  of  the  provision  in  the  Constitution 

establishing  Congress  ? 

2.  Is  Congress  a  legislative,  executive,  or  judicial  body?    What 

is  meant  by  these  terms,  respectively? 

3.  Of  how  many  houses  is  Congress  composed? 

4.  What  is  the  general  distinction  between  the  Senate  and  the 

House  of  Representatives? 

5.  How  many  members  has  the  House  of  Representatives  ? 

6.  How  is  this  number  determined  ? 

7.  How  many  Representatives  has  California  in  the  House  ? 

8.  Give  the  names  and  residences  of  the  Representatives  from 

California  now  in  the  House. 

9.  Draw  a  map  of  California,  dividing  it  into  congressional  dis- 

tricts. In  what  district  do  you  live?  Who  is  the  Repre- 
sentative from  your  district?  With  what  political  party  is 
he  connected  ?  Do  all  the  voters  of  the  State  vote  for  the 
Representative  from  your  district? 

10.  How  many  Representatives  has  the  State  of  Nevada? 

11.  Who  may  be  elected  a  Representative? 

12.  For  how  long  is  he  elected? 

13.  When  is  he  elected? 

14.  What  is  his  salary? 

15.  Who  may  vote  for  Representatives? 

16.  What  is  the  presiding  officer  of  the  House  called?    Tell  what 

you  can  of  the  origin  of  his  title,  his  duties,  etc.  What  is 
the  name  of  the  present  Speaker?  Where  does  he  live? 
To  what  political  party  is  he  attached  ? 

17.  How  are  the  standing  committees  of  the  House  appointed? 

Describe  their  duties. 

18.  How  are  vacancies  in  the  House  filled? 

19.  How  many  members  has  the  Senate? 

20.  How  is  this  number  determined? 


58  CIVIL  GOVERNMENT. 

21.  How  many  United  States  Senators  has  California?    Give  their 

names,  residences,  and  poUtical  party. 

22.  Who  may  be  elected  Senator? 

23.  For  how  long  is  he  elected? 

24.  When  is  he  elected? 

25.  By  whom  is  he  elected? 

26.  What  is  his  salary  ? 

27.  Who  is  the  presiding  officer  of  the  Senate?    What  are  his 

powers  and  duties? 

28.  How  are  the  standing  committees  of  the  Senate  appointed? 

Describe  their  duties. 

29.  How  are  vacancies  in  the  Senate  filled? 

30.  How  many  constitute  a  quorum  in  either  house  of  Congress? 

What  powers  has  a  minority?    How  many  constitute  a 
quorum  in  the  English  House  of  Commons? 

31.  How  often  does  Congress  meet?    When?    What  is  meant  by 

"  long,"  "  short,"  and  **  special "  sessions? 

32.  Who  decides  the  contest  when  two  persons  claim  to  be  elected 

Senator  or  Representative  ? 

33.  Do  the  Senate  and  House  keep  a  record  of  their  proceedings? 

Is  this  record  published?    What  is  it  called? 

34.  When  must  the  yeas  and  nays  be  entered  on  the  journal? 

35.  What    are    the    provisions    in    the    Constitution    regarding 

adjournment? 

36.  What  are  the  privileges  of  Senators  and  Representatives  ? 

37.  What  are  their  disabilities? 

38.  What  special  provision  is  there  in  the  Constitution  regarding 

money  bills? 

39.  Study  carefully  everything  in  the  Constitution  pertaining  to 

the  Senate  and  House  of  Representatives.     Write  out  all 
such  provisions  connectedly  in  your  note  book. 


CHAPTER  XI. 

THE    POWERS    OF   CONGRESS. 

§  1 .   The  Legislative  Power  of  the  United  States. 

76.  Extent  of  the  Legislative  Powers.— All  the 

legislative  powers  possessed  by  the  federal  government 
are   granted  to  it  by  the   Constitution.^     And   all  the 

lU.  S.  Const.,  Amend.  X. 


FEDERAL  GOVERNMENT.  59 

legislative  powers  granted  by  the  Constitution  are  exer- 
cised by  Congress/  The  Constitution  gives  a  list  of  the 
legislative  powers  which  it  grants  to  Congress.''  But 
while  the  Constitution  thus  enunaerates  the  subjects  in 
regard  to  which  Congress  may  make  laws,  it  also  gives 
Congress  permission  to  make  all  laws  which  shall  be 
necessary  and  proper  for  carrying  out  its  enumerated 
powers.  And  Congress,  as  the  legislative  department, 
being  the  part  of  the  governmental  machinery  which  sets 
all  other  parts  in  operation,  has  power  to  make  all  laws 
which  shall  be  necessary  for  the  carrying  out  of  any  of 
the  powers  granted  to  any  other  department  of  the 
government.' 

All  this  means  that  the  framers  of  the  Constitution 
were  aiming  to  build  a  government  which  should  be 
supplied  with  machinery  and  powers  sufficient  for  the 
purposes  of  a  great  nation.  They  intended,  by  the 
lee-way  they  gave  to  Congress,  that  no  obstacle  should 
be  placed  in  the  way  of  the  successful  progress  of  the 
national  government.  At  the  same  time,  by  enumerat- 
ing the  powers,  they  intended  to  give  to  the  national 
government  no  more  powers  than  should  be  sufficient  for 
its  objects;  and  they  intended,  as  the  Constitution  says, 
to  leave  all  other  powers  with  the  States  or  with  the 
people.* 

We  shall  now  proceed  to  consider  the  matters  concern- 
ing which  Congress  is  authorized  to  make  laws. 

§  2.  General  Description  of  the  Powers  of  Congress. 

77.  Federal  and  State  Legislation.— We  shall 
see  that  the  list  of  powers  given  to  Congress  is  a 
comparatively  short  one;   that  the  powers   seem  to  be 

lU.  S.  Const,  Art.  I.,  Sect.  1. 

2U.  S.  Const.,  Art.  1.,  Sect.  8. 

»U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  18. 

*U.  S.  Const.,  Amend.  X. 


60  CIVIL  GOVERNMENT. 

few  in  number.  But,  in  considering  these  powers,  we 
must  remember,  in  the  first  place,  that  there  are  forty 
odd  other  legislative  bodies  in  the  United  States — the 
State  Legislatures,  not  to  mention  the  several  Territorial 
Legislatures — which  are  engaged  in  making  laws  for  the 
people.  It  is  to  be  remembered,  in  the  second  place,  that 
it  is  not  the  laws  of  Congress  so  much  as  the  laws  of 
our  own  State  Legislature  which  most  closely  touch  us 
individually,  and  which  provide  for  our  protection  in  the 
daily  transactions  of  life.  And,  in  the  third  place,  while 
these  powers  of  Congress  may  seem  few  in  number,  they 
are  so  broad  and  general  in  character,  and  relate  to  ques- 
tions of  so  far-reaching  importance,  that  they  are  really 
sufficient  for  the  purposes  of  the  national  government. 

Most  of  these  powers  are  indispensable  for  a  complete 
and  efficient  government;  but  some  few  are  given  to  Con- 
gress simply  because  it  is  more  convenient  to  have  them 
exercised  by  that  body  than  by  the  separate  States. 

78.  Classification  of  the  Powers  of  Congress. — 

Now,  there  are  several  aspects  under  which  Congress,  as 
the  law-making  body  of  the  nation,  may  be  regarded 
with  reference  to  the  powers  conferred  upon  it.  In  the 
first  place,  in  order  to  establish  and  maintain  an  inde- 
pendent  government,  it  was  necessary  to  provide  means 
for  the  support  of  the  government  itself;  therefore,  it 
was  given  the  power  to  levy  taxes.  It  was  equally 
necessary  to  give  it  the  power  to  determine  who  should 
be  members  of  the  nation;  therefore,  it  was  given  power 
to  pass  naturalization  laws.  It  was  also  necessary,  in 
this  same  view,  to  give  it  the  power  to  coin  and  borrow 
money,  and  to  punish  the  counterfeiting  of  money. 
Likewise,  and  for  the  same  reason,  it  was  necessary  to 
give  it  the  power  to  establish  federal  courts. 

Then,  in  the  next  place,  in  its  international  aspect,  as 


FEDERAL  GOVERNMENT.  61 

the  government  which  was  to  place  the  American  Union 
in  the  great  family  of  nations,  and  as  the  only  power  that 
could  be  recognized  by  foreign  governments,  it  was 
necessary  that  it  should  be  given  control  over  war  and 
the  military  and  naval  forces. 

Then,  thirdly,  as  the  general  government  of  the  nation, 
it  was  necessary  that  it  should  have  control  of  matters 
of  general  concern,  such  as  commerce  and  the  postal 
service.  And  so,  too,  it  was  essential  that  the  federal 
government  should  be  given  temporary  control  over 
such  territory  as  was  the  common  property  of  the  Union, 
and  over  all  territory  that  might  be  acquired  by  treaty, 
cession,  or  conquest.  And  while  this  territory  or  public 
domain  should,  in  accordance  with  the  republican  prin- 
ciples of  self-government,  and  so  soon  as  the  size  of 
population  justified  it,  be  divided  up  and  placed  in  all 
respects  on  an  equality  with  the  States  of  the  Union, 
it  was  yet  essential  that  the  terms  and  conditions  of  the 
admission  of  such  new  States  should  be  determined  by 
Congress. 

These  would  complete  the  questions  that  would  essen- 
tially belong  to  the  federal  or  national  government.  But 
there  are  two  matters,  that  of  bankruptcy  and  that  of 
weights  and  measures,  which,  for  the  general  business 
interests  of  the  country,  it  was  thought  ought  to  be  placed 
under  the  control  of  Congress.  And,  also,  for  the  encour- 
agement of  inventive  genius  and  literary  aspiration,  and 
that  authors  and  inventors  might  be  uniformly  protected 
throughout  the  United  States  in  their  writings  and  inven- 
tions. Congress  was  given  control  over  copyrights  and 
patents.  Furthermore,  that  there  might  be  a  seat  of 
government  which  would  be  beyond  the  reach  of  any 
possible  State  jealousy  or  interference,  provision  was 
made  for  the  acquisition  of  necessary  territory  for  this 
purpose,  and  Congress  was  given  complete  control  over  it. 


62  CIVIL  GOVERNMENT. 

We  shall  now  briefly  discuss  these  various  topics 
which  are  placed  under  the  control  of  Congress. 

§  3.   The  Powers  Enumerated:    (1)  Powers  Essential  to  an 
Independent  Self-Existence. 

79.  Taxes. — The  power  to  tax  is  the  very  source  of  life 
of  a  government,  for  if  it  did  not  have  the  means  of  getting 
an  income  there  would  be  no  possibility  of  its  continued 
existence.  Every  necessary  means  of  obtaining  such  an 
income  by  means  of  taxation  is  given  to  the  federal 
government.  This  income  must  be  raised  for  the  purpose 
of  paying  the  debts  of  the  United  States,  and  providing 
for  the  common  defense  and  general  welfare.^ 

This  power  is  exercised  through  Congress.  Congress 
may  raise  its  revenue  by  taxes  on  goods  brought  into  the 
country  from  foreign  countries  (imposts  or  customs  duties); 
by  taxes  on  individual  inhabitants  (capitation  or  poll 
taxes),  and  by  taxes  on  land;  by  taxes  on  the  production 
or  use  of  goods  within  the  country  (excises,  or,  generally 
speaking,  internal  taxes). ^  In  levying  capitation  and 
land  taxes,  which  are  known  as  direct  taxes — all  other 
forms  of  taxes  being  indirect  taxes — it  is  required  that 
they  shall  be  apportioned  among  the  States  in  propor- 
tion to  their  population.^  And  in  regard  to  duties, 
imposts,  and  excises,  it  is  required  that  they  shall  be 
uniform  throughout  the  United  States.*  One  species  of 
tax  Congress  is  forbidden  to  resort  to,  it  being  expressly 
said  that  no  tax  shall  be  laid  on  articles  exported  from 
any  State  (export  duties).^ 

80.  Citizenship  and  Naturalization. — The  Consti- 
tution provides  that  all  persons  born  or  naturalized  in  the 

lU.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  1. 
2  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  1. 
3U.  S.  Const.,  Art.  I.,  Sect.  9,  Par.  4. 
*  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  1. 
5U.  S.  Const.,  Art.  I.,  Sect.  9,  Par.  5. 


FEDERAL  GOVERNMENT.  68 

United  States  and  subject  to  its  jurisdiction  shall  be  citi- 
zens of  the  United  States  and  of  the  State  in  which  they 
reside/  Full  and  formal  citizenship  can  only  be  given  by 
the  federal  Constitution  or  by  a  federal  law  in  accordance 
with  the  Constitution.  By  means  of  "naturalization," 
the  exclusive  control  of  which  is  given  to  Congress,  the 
Constitution  enables  "aliens,"  or  foreigners  residing  in 
the  United  States,  to  become  citizens.  A  foreigner  who 
thus  becomes,  under  the  laws  of  Congress,  a  citizen  of  the 
United  States  is  a  "  naturalized  citizen,"  and  acquires  all 
the  rights  and  privileges  of  a  native  born  citizen  except 
the  ability  to  'become  President.'' 

81.  Money. — Congress  is  given  the  power  to  borrow 
money  on  the  credit  of  the  United  States;'  to  coin  money 
and  regulate  its  value  and  the  value  of  foreign  coin;*  and 
to  provide  for  the  punishment  of  counterfeiting  the  secu- 
rities and  current  coin  of  the  United  States.® 

82.  The  power  to  borrow  money  is  to  some  extent 
supplementary  to  the  power  to  levy  taxes.  They  are 
both  for  the  purpose  of  obtaining  an  income,  one  in  the 
regular  and  usual  course  of  things,  the  other  in  conse- 
quence of  some  crisis  in  which  the  usual  methods  fail. 
The  customary  way  to  obtain  loans  is  to  issue  "  bonds  " 
of  the  government.  These  bonds  are  promises  to  pay 
the  sum  specified  on  their  face  at  a  given  time  and  with 
interest  at  given  rates.  These  bonds  are  then  sold  to  the 
persons  who  will  pay  the  highest  prices  for  them.  If  the 
"credit"  of  the  government  is  good,  they  will  be  bought 
at  par,  or  even  at  a  premium.  If  the  credit  is  not  good, 
they  will  be  bought  at  a  greater  or  less  discount. 

» U.  S.  Const.,  Amend.  XIV..  Sect.  1. 
2U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  5. 
»U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  2. 
4U.  S.  Const.,  Art.  1.,  Sect.  8,  Par.  5. 
6U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  a 


64  CIVIL  GOVERNMENT. 

83.  The  power  to  coin  money  in  the  United  States  is 
given  exclusively  to  Congress,  the  States  being  forbidden 
to  coin  money  or  to  make  anything  but  gold  and  silver 
a  "tender''  in  payment  of  debts/  It  is  necessary  that 
every  independent  government  should  have  this  power 
of  coining  money,  and  it  is  for  the  best  interests  of  the 
country  that  the  currency  should  be  uniform. 

By  "coining"  is  meant  stamping  pieces  of  metal  for 
use  as  a  medium  of  exchange  in  commerce  and  trade 
according  to  fixed  standards  of  value.  It  is  not  an  easy 
matter,  howeyer,  to  fix  the  standard,  when  more  than  one 
metal  is  used.  If  gold  alone  were  used,  the  standard  would 
always  be  the  same,  and  the  dollar  would  depend  on  the 
market  value  of  the  gold  contained  in  the  dollar-piece. 
But  there  is  not  a  sufficient  amount  of  gold  in  the  world 
to  supply  the  purposes  of  currency.  Governments  have, 
therefore,  to  use  silver  also,  and  perhaps  even  baser 
metals.  Congress,  under  its  power  to  "regulate  the  value 
of  money,"  has  tried  to  overcome  the  difficulty  of  having 
two  metals  in  use  as  currency,  by  finding  out  as  nearly 
as  they  could  the  market  value  of  both  gold  and  silver, 
arid  issuing  coins  in  both  metals  of  such  weight  that 
they  should  have  the  same  value.  It  has  not  been  pos- 
sible to  do  this  fully,  for  at  one  time  or  another  there  is 
a  greater  quantity  of  one  or  of  the  other  metal.  In  that 
event,  the  more  valuable  coins  rise  in  value,  and  are  col- 
lected by  speculators  and  melted  down,  while  the  cheaper 
coins  are  left  in  circulation.  In  order  to  prevent  this,  the 
method  pursued  is  to  make  the  silver  coins  lighter  than 
their  real  value,  so  that  they  are  worth  less  than  gold;  and 
then  they  are  made  "legal  tender"  in  small  sums  only. 
Then,  of  course,  there  can  be  no  object  in  hoarding  or 
in  melting  down  these  lighter  silver  coins,  for  a  dollar- 
piece,  while  it  will  buy  a  dollar's  worth  of  goods,  is  still 

UT.  S.  Const.,  Art.  I.,  Sect.  10,  Par.  1. 


FEDERAL  GOVERNMENT.  65 

not  worth  a  dollar  in  silver  bullion.  And  gold  is  kept 
in  circulation  by  being  made  indispensable  in  larger 
transactions. 

84.  Mints. — The  government  has  public  mints  in 
Philadelphia,  San  Francisco,  Carson,  and  Denver,  where 
the  coins  are  made  and  stamped.  In  the  case  of  gold,  the 
owner  of  the  "  bullion  "  takes  it  to  the  mint,  has  it  coined, 
and  then  coin  in  full  value  of  the  bullion  is  returned  to 
him.  This  is  called  "  free  coinage."  Until  1853  there  was 
free  coinage  of  both  gold  and  silver;  but  since  1853,  of  gold 
only.  In  the  case  of  silver,  whose  metallic,  or  commercial, 
value  is  so  much  below  its  nominal,  or  coin,  value,  the 
government  purchases  it  in  open  market  in  such  quanti- 
ties as  it  wants,  and  coins  it  exclusively  for  itself. 

85.  The  power  to  punish  counterfeiting  of  coin 
of  the  United  States  and  of  foreign  coin,  Congress  has 
exercised  by  making  such  counterfeiting  a  felony.  The 
penalty  for  the  offense  is  fixed  at  a  fine  of  not  more 
than  $5,000  and  imprisonment  for  not  more  than  ten 
years. 

86.  The  Federal  Courts,  which  Congress  is  em- 
powered to  establish,^  are  necessary  to  the  independence 
of  the  national  government.  The  government  having  a 
law-making  body  and  a  law-executing  body  of  its  own, 
must,  in  order  to  preserve  its  own  peace  and  dignity,  have 
law-applying  and  law-interpreting  bodies  of  its  own. 
These  courts  are  described  later  in  Chapter  XIII.,  under 
the  head  of  the  Federal  Judiciary. 

These  powers  which  we  have  been  considering  are 
necessary  to  a  government,  in  order  that  it  may  be 
capable  of  existing  and  developing  in  a  manner  free 
and    independent    of    any   other    government.      These 

1  U.  8.  Const.,  Art.  I.,  Sect.  8,  Par.  1;  and  Art.  111.,  Sect.  1. 
6— CQ 


66  CIVIL  GOVERNMENT. 

powers  give  it  the  capacity  of  self-existence,  considered 
by  itself  or  with  respect  to  the  States.  But  it  was  also 
necessary  to  remember  that  there  are  many  other 
nations  and  governments  in  the  world.  In  the  course 
of  time  the  American  government  might  come  into  con- 
flict with  some  one  of  these  other  governments.  It  was 
then  necessary  to  give  it  the  means  of  defending  itself, 
of  maintaining  its  dignity  and  existence  against  foreign 
assault,  as  also  against  domestic  insurrection.  And, 
too,  it  was  proper  and  necessary  that  the  government 
should  have  the  means  of  entering  into  arrangements 
in  regard  to  trade  and  commerce,  or  the  postal  service, 
or  many  other  subjects,  with  foreign  powers. 

To  repeat  again,  by  giving  the  government  the  taxing 
power,  the  money  power,  and  control  over  its  own  mem- 
bership, the  means  of  self-existence  are  imparted  to  it. 
By  giving  it  the  power  to  make  laws  and  to  establish 
courts  for  applying  and  enforcing  these  laws,  the  means 
of  compelling  peaceful  obedience  from  its  citizens  are 
also  imparted  to  it.  By  giving  it  the  power  to  make 
"treaties,"^  the  means  of  securing  peaceable  alliances 
with  foreign  governments,  and  thus  of  entering  into  the 
"family  of  nations"  in  times  of  peace,  are  granted  to  it; 
while  for  maintaining  its  dignity  and  respect,  the  addi- 
tional powers  of  declaring  war  and  of  supporting  military 
and  naval  forces  are  necessary. 

(2)    Powers   Essential   to   an    Independent   International 
Existence. 

87.  The  War  Power. — The  power  to  declare  war, 
which  is  given  to  Congress,  means  the  power  to  declare 
whether  or  not  there  shall  be  war  in  a  given  case.^     But 

iThe  power  to  make  treaties  is  not  given  to  Congress,  but  to  the 
President  with  the  assent  of  the  Senate. 
aU.  S.  Const.,  Art.  1.,  Sect.  8,  Par.  11. 


FEDERAL  GOVERNMENT.  67 

war  may  exist  without  any  "declaration  of  war."  In 
such  case  Congress  by  some  act  recognizes  war  as  already 
existing  and  provides  means  for  its  prosecution.  Thus, 
in  the  case  of  the  war  of  1812,  Congress  passed  an  Act 
expressly  declaring  war,  while  in  the  case  of  the  war 
with  Mexico,  the  preamble  of  an  Act  making  provision 
for  carrying  on  the  war  merely  said  "  whereas,  a  state  of 
war  exists,"  etc.  In  the  case  of  the  war  of  the  rebellion, 
war  was  not  even  expressly  recognized,  but  the  Act  of 
July  22, 1861,  is  entitled  "  An  Act  to  authorize  the  employ- 
ment of  volunteers  to  aid  in  enforcing  the  laws  and 
protecting  public  property." 

88.  Letters  of  Marque  and  Reprisal.— In  con- 
nection with  the  war  power  is  given  also  power  to  grant 
letters  of  marque  and  reprisal,^  and  to  make  rules  con- 
cerning captures  on  land  and  water.  The  word  marque 
means  landmark  or  boundary,  and  letters  of  marque 
mean  commissions  to  a  private  person  authorizing  him 
to  pass  beyond  the  frontier  and  make  captures  of  an 
enemy's  property  or  persons.  The  word  reprisal  means 
a  retaking,  and  indicates  the  purpose  for  which  the 
"letters"  are  granted.  A  vessel  bearing  such  letters  is 
called  a  privateer. 

89.  The  power  to  raise  and  support  armies,  and 
to  provide  and  maintain  a  navy,  is  a  necessary  adjunct  of 
the  war  power.  And  it  is  important  that  a  nation  should 
possess  this  power  in  peace  as  well  as  in  war,  for  the 
mere  existence  of  an  army  and  navy  may  often  prevent 
the  occurrence  of  a  war.  The  whole  control  and  regula- 
tion of  the  military  forces  of  the  country  is  thus  placed, 
as  it  should  be,  under  the  power  of  the  federal  govern- 
ment.^ 

1  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  11. 

2  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  12,  13,  14. 


68  CIVIL  GOVERNMENT. 

90.  The  militia  which  the  States  are  allowed  to  have 
is  placed  at  the  disposal  of  Congress  whenever  it  may  be 
needed  in  order  to  execute  the  laws  of  the  Union,  suppress 
insurrections,  or  repel  invasions.^  All  the  male  citizens 
of  a  State  between  the  ages  of  eighteen  and  forty-five, 
unless  "  exempted '^  by  law,  are  subject  to  service  in  the 
State  militia.  The  organized  militia  of  a  State  consti- 
tutes its  "National  Guard.''  This  body  is  trained  by 
officers  appointed  by  the  State  according  to  military 
regulations  approved  by  Congress.^  This  militia  serves 
as  a  great  security  to  the  country,  and  it  is  not  found 
necessary  to  maintain  a  large  standing  army  like  those 
in  Europe. 

From  the  experience  of  England  and  other  European 
countries,  where  armies  were  often  used  by  the  head 
of  the  state  or  by  some  military  commander  to  oppress 
the  people,  the  Constitution  took  the  precaution  of 
providing  that  "no  appropriation  of  money  for  raising 
and  supporting  armies  should  be  for  a  longer  term  than 
two  years.'"  In  time  of  need  Congress  may  enlist  in  its 
armies  all  persons,  whether  previously  exempted  or  not, 
whether  minors  or  adults,  capable  of  military  duty. 

91.  Power  to  Punish  Oriraes. — As  a  further  incident 
of  the  membership  of  the  American  nation  in  the  family 
of  nations.  Congress  is  given  power  over  certain  offenses 
against  the  law  of  nations.  It  is  authorized  to  define 
and  punish  piracies  and  felonies  committed  on  the  high 
seas,  and  other  such  offenses.*  Piracy  is  robbery  at  sea. 
By  its  power  to  define  piracy.  Congress  is  authorized  to 
extend  the  meaning  as  commonly  understood  by  the 
"  law  of  nations,"  or  "  international  law,"  so  as  to  include 

1  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  15. 
2U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  16. 
3  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  12. 
*U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  10. 


FEDERAL  GOVERNMENT.  69 

all  such  infamous  acts  committed  on  the  high  seas  as 
constitute  offenses  against  the  United  States  or  other 
nations.  For  instance,  Congress  under  this  power  has 
declared  the  slave  trade  to  be  piracy.  By  the  high  seas 
is  meant  all  tide-waters  below  low-water  mark. 

(3)  Powers  Essential  to  a  General  Federal  Government. 

92.  Oommerce. — The  subjects  which  we  have  just 
been  discussing  are  indispensable  to  the  very  existence  of 
a  national  government,  while  those  which  we  are  now 
to  consider  are  almost  equally  necessary  for  the  proper 
working  of  a  government  like  ours.  Perhaps  the  chief 
cause  of  the  failure  of  the  Articles  of  Confederation 
(1781-1789)  was  the  absence  of  any  general  power  over 
commerce.  Instead  of  the  commerce  of  one  nation,  it 
was  found  that  there  was  a  commerce  of  thirteen  differ- 
ent States,  each  State  filled  with  jealousy  of  its  neighbors 
and  striving  to  make  as  much  as  possible  at  the  expense 
of  the  others.  Therefore,  when  it  came  to  the  time  of 
forming  a  new  Constitution,  there  was  but  one  opinion 
as  to  the  necessity  of  giving  Congress  control  over  all 
commerce  with  foreign  nations,  over  commerce  between 
two  or  more  States,  and  that  with  the  Indian  tribes.^ 

This  power  over  commerce  includes  the  power  to  regu- 
late navigation  and  intercourse  on  the  high  seas,  on  the 
great  lakes  and  navigable  rivers  of  the  country,  trans- 
portation and  intercourse  by  railroads  or  canals  between 
different  States.  It  may  include  such  things  as  provid- 
ing for  the  construction  of  bridges  over  navigable  rivers 
between  States,  and  for  the  dredging  and  improving  of 
harbors  or  navigable  rivers,  or  as  regulating  communica- 
tion by  telegraph  between  States.  These  powers  "  keep 
pace  with  the  progress  of  the  country,  and  adapt  them- 
selves to  the  new  developments  of  timies  and  circum- 

1  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  3. 


70  CIVIL  GOVERNMENT. 

stances.  They  extend  from  the  horse  with  its  rider  to  the 
stage-coach,  from  the  sailing  vessel  to  the  steamboat,  from 
the  coach  and  the  steamboat  to  the  railroad,  and  from 
the  railroad  to  the  telegraph,  as  these  new  agencies  are 
successively  brought  into  use  to  meet  the  demands  of 
increasing  population  and  wealth.  They  were  intended 
for  the  government  of  the  business  to  which  they  relate, 
at  all  times  and  under  all  circumstances."^ 

In  order  to  make  this  power  of  Congress  more  com- 
plete, the  States  are  expressly  forbidden,  unless  by  consent 
of  Congress,  to  levy  any  duty  on  imports  or  exports,  or  to 
lay  any  duty  of  tonnage.^  Tonnage  means  a  duty  on 
vessels,  measured  by  their  carrying  capacity.  At  the 
same  time.  Congress  is  forbidden  to  give  any  preference 
to  one  State  over  others  in  its  commercial  regulations,  or 
to  tax  articles  exported  from  any  State.^  Furthermore, 
the  commerce  or  trade  which  is  carried  on  wholly  within 
one  State  is  entirely  under  the  control  of  the  State  itself, 
and  cannot  be  regulated  by  any  action  of  Congress. 

In  the  exercise  of  its  power  over  commerce  between 
States,  Congress  in  1887  passed  the  Interstate  Commerce 
Act.  This  law  provides  for  the  appointment  of  five 
commissioners,  whose  duty  it  is  to  supervise  such  rail- 
way and  other  transportation  companies  as  have  lines 
crossing  two  or  more  States. 

93.  The  Postal  Service.— It  is  essential  to  the 
convenience  of  the  people  of  the  whole  country  that  the 
means  of  communication  and  correspondence  with  all 
parts  of  the  Union  should  be  under  one  general  system. 
This  power  is  therefore  given  to  Congress,  and  includes 
the  creation  of  mail  routes,  the  opening  of  post  roads,  the 
regulation  of  the  transmission  of  mail  matter  by  horse, 

1  The  Supreme  Court  of  the  United  States. 
2U.  S.  Const.,  Art.  I.,  Sect.  10,  Par.  2. 
3U.  S.  Const.;  Art.  I.,  Sect.  9,  Par.  6,  6. 


FEDERAL  GOVERNMENT.  71 

stage,  steamship,  or  railroad,  the  payment  of  salaries  of 
postmasters  and  clerks,  and  all  that  goes  to  make  up  the 
vast  postal  system  of  the  country.*  Correspondence  by 
telegraph  and  telephone  might  legally  come  under  the 
control  of  Congress. 

94.  Territories. — Congress  is  given  full  power  to  make 
laws  concerning  the  territory  belonging  to  the  nation 
and  not  yet  formed  into  States.^  The  original  territory, 
ceded  by  the  States  to  the  Union,  lying  between  the  Alle- 
ghany Mountains  and  the  Mississippi  River,  and  all  the 
territory  since  acquired  by  treaty  or  purchase,  comes 
under  this  exclusive  control  of  Congress.  Congress  has, 
nevertheless,  organized  this  territory  into  districts  of 
convenient  size,  known,  for  lack  of  a  better  name,  as 
"  Territories."  To  each  of  these  Territories  it  ordinarily 
gives,  practically,  rights  of  self-government.  The  govern- 
ment usually  established  consists  of  a  Legislature  elected 
by  the  people  of  the  Territory,  and  of  a  Governor  and 
judges  appointed  by  the  President,  with  the  assent  of  the 
Senate.  In  this  way,  the  people  themselves  make  most 
of  their  own  laws.  Congress,  however,  has  complete 
control  whenever  it  chooses  to  exercise  it. 

The  people  of  the  Territories  do  not  have  the  national 
political  rights  possessed  by  the  people  of  the  States. 
They  cannot  vote  for  the  President  or  for  members  of  Con- 
gress. They  are  ordinarily  allowed  to  send  a  delegate  to 
Washington,  who  has  a  seat  in  the  House  of  Representa- 
tives, but  no  vote.  But  as  soon  as  the  Territory  has 
become  a  State,  it  and  its  people  have  equal  rights  and 
privileges  with  the  other  States  and  their  people. 

95.  The  Admission  of  New  States. — The  power 
of  admitting  new  States  into  the  Union  is  given  to  Con- 

1  U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  7. 
aU.  S.  Const.,  Art.  IV.,  Sect.  3,  Par.  2. 


72  CIVTL  GOVERNMENT. 

gress.  It  is  provided,  however,  that  no  new  State  shall 
be  formed  within  the  jurisdiction  of  another  State.  And 
likewise,  no  State  shall  be  formed  by  the  junction  of  two 
or  more  States,  or  parts  of  States,  without  the  consent  of 
the  Legislatures  of  the  States  concerned  as  well  as  of 
Congress/ 

No  entirely  uniform  plan  of  admitting  States  has  been 
observed.  The  most  common  plan  is  as  follows:  When 
a  Territory  has  a  sufficient  population,  a  memorial  is  sent 
to  Congress,  praying  for  permission  to  form  a  State  Con- 
stitution and  for  admission  into  the  Union.  Congress, 
if  it  agrees  to  this  petition,  passes  an  Act  called  "An 
Enabling  Act,"  authorizing  the  inhabitants  to  form  a 
Constitution.  A  convention  is  held  for  this  purpose,  and 
the  Constitution  when  formed  and  adopted  is  presented 
to  Congress  for  approval.  If  Congress  perceives  no  objec- 
tionable features  in  the  Constitution,  it  passes  an  Act 
admitting  the  State  into  the  Union. 

The  Constitution  promises  that  the  United  States  will 
guarantee  to  every  State  a  republican  form  of  govern- 
ment, and  will  protect  every  State  against  invasion  and 
domestic  violence.'' 

(4)  Miscellaneous  Powers. 

There  are  several  other  subjects  over  which  Congress 
is  given  greater  or  less  control  for  the  sake  of  having 
the  laws  uniform  throughout  the  Union.  These  are  the 
subjects  of  bankruptcy,  weights  and  measures,  copyrights 
and  patents,  and  a  few  others. 

96.  Bankruptcy. — By  its  power  over  bankruptcy,' 
Congress  may,  if  it  chooses,  pass  uniform  laws  by  which 
''  insolvent  debtors  "  may  settle  their  aftairs  and  be  able  to 

lU.  S.  Const.,  Art.  IV.,  Sect.  3,  Par.  1. 

?U.  S.  Const.,  Art.  IV.,  Sect.  4. 

3U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  4. 


FEDERAL  GOVERNMENT.  73 

begin  business  anew.  ''A  bankrupt  law  is  intended  for 
the  benefit  of  both  creditors  and  debtors.  It  benefits  the 
creditors  by  securing  among  them  an  equitable  distri- 
bution of  the  property  of  the  debtor.  It  benefits  the 
debtor  by  releasing  him  from  hopeless  insolvency,  and 
giving  him  an  opportunity  again  to  engage  in  business." 
If  there  is  no  general  law  of  Congress  in  force,  the 
States  are  free  to  legislate  on  the  subject.  Congress  has, 
at  different  times,  passed  three  uniform  bankrupt  laws: 
the  first  in  1800,  repealed  in  1803;  the  second  in  1841, 
repealed  in  1843;  the  third  in  1867,  repealed  in  1878. 

97.  Weights  and  Measures. — Congress  has  never 
fully  carried  out  its  power  to  fix  the  standard  of  weights 
and  measures.^  It  has  adopted  the  brass  troy  pound 
weight,  procured  from  London,  as  the  standard  troy  pound 
of  the  mint  of  the  United  States.  It  also  ordered  to  be 
made  a  standard  series  of  weights  corresponding  to  this, 
from  the  hundredth  part  of  a  grain  to  twenty-five  pounds. 
It  also  adopted  the  English  standard  lengths  of  the  foot, 
yard,  fathom,  and  rod.  Our  coins  are  established  on 
the  decimal  system;  and  in  1866  Congress  "legalized," 
but  did  not  "adopt,"  the  metric  system  of  weights  and 
measures. 

98.  Copyrights  and  Patents. — The  Constitution 
gives  Congress  power  "  to  promote  the  progress  of  science 
and  useful  arts  by  securing,  for  limited  times,  to  authors 
and  inventors,  the  exclusive  right  to  their  respective 
writings  and  discoveries."^  Under  this  power,  exclusive 
copyrights  are  granted  for  a  term  of  years  to  the  authors, 
inventors,  designers,  or  proprietors  of  books,  pictures, 
maps,  charts,  prints,  statues,  models,  etc.,  with  exclu- 
sive right  to  make,  use,  and  sell  new  inventions. 

1 U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  5. 
2U.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  8. 


74  CIVIL  GOVERNMENT. 

99.  Federal  Districts. — Congress  is  given  power  to 
exercise  exclusive  legislation  over  a  district  to  be  used 
as  the  seat  of  government  of  the  United  States.  This 
district  was  to  be  obtained  by  cession  from  individual 
States,  and  was  not  to  exceed  ten  miles  square.^  The 
District  of  Columbia,  ceded  by  Maryland  and  Virginia, 
was  selected  as  the  seat  of  government,  and  thus  came 
under  the  control  of  Congress.  In  1878  the  government 
of  the  district  was  placed  under  a  board  of  three  commis- 
sioners, two  to  be  appointed  by  the  President  and  Senate 
for  three  years,  and  the  third,  an  officer  of  the  corps  of 
engineers  of  the  army,  to  be  detailed  by  the  President. 
These  commissioners  have  the  general  management  of 
the  interests  of  the  district,  appointing  police,  firemen, 
school  trustees,  and  other  officers.  Inhabitants  of  the 
district  have  no  vote. 

Congress  has,  likewise,  exclusive  control  over  places 
purchased  by  consent  of  the  Legislatures  of  the  States 
wherein  they  lie,  for  the  erection  of  forts,  magazines, 
arsenals,  dockyards,  and  other  needful  buildings.'^ 

100.  Impeachnients. — The  House  of  Representatives 
has  the  sole  power  of  impeaching,^  and  the  Senate  the  sole 
power  of  trying  the  person  impeached.*  The  President, 
Vice-President,  and  all  civil  officers  of  the  United  States 
are  liable  to  impeachment  for  treason,  bribery,  or  other 
high  crimes  and  misdemeanors.^  The  method  of  trial  and 
the  penalties  are  similar  to  those  in  a  State  trial  under 
articles  of  impeachment.     (See  Chap.  VIII.) 

101.  Treason. — Congress  is  given  "power  to  declare 
the  punishment  of  treason,  but  no  attainder  of  treason 

lU.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  17. 
2U.  8.  Const.,  Art.  1.,  Sect.  8,  Par;  17. 
3U.  S.  Const.,  Art.  T.,  Sect.  2,  Par.  5. 
4U.  S.  Const.,  Art.  I.,  Sect.  3,  Par.  6. 
5U.  S.  Const.,  Art.  11.,  Sect.  4. 


FEDERAL  GOVERNMENT.  75 

shall  work  corruption  of  blood  or  forfeiture  except  during 
the  life  of  the  person  attainted."^  The  punishment  for 
treason,  as  declared  by  Congress,  may  be  death  by  hang- 
ing, or  may  be  imprisonment  for  not  less  than  five  years 
and  a  fine  of  not  less  than  $10,000.  The  cruel  feature  of 
punishing  a  traitor's  descendants  by  corruption  of  their 
blood,  that  is,  making  them  incapable  of  inheriting  prop- 
erty, and  by  confiscation  of  their  property,  is  prohibited 
by  the  Constitution.  Treason  is  defined  in  the  Constitu- 
tion to  consist  only  in  levying  war  against  the  United 
States,  and  in  adhering  to  its  enemies,  giving  them  aid 
and  comfort.*^ 

Questions  on  the  Powers  of  Congress. 

1.  Whence  does  the  United  States  obtain  its  legislative  powers? 

2.  Where  are  the  legislative  powers  of  the  United  States  vested  1 

3.  Are  the  legislative  powers  of  the  United  States  granted  in 

general  terms  or  specifically  enumerated? 

4.  Turn  to  the  Constitution  of  the  United  States  and  to  the  Con- 

stitution of  California  and  notice  the  difference  in  wording 
in  which  the  legislative  power  in  the  two  is  described. 

5.  Write  out  the  list  of  powers  granted  in  the  Constitution  to 

Congress. 

6.  Give  a  general  description  of  the  powers  of  Congress. 

7.  Collect  and  write  down  all  the  provisions  in  the  Constitution 

relating  to  taxes. 

8.  What  do  you  mean  by  taxes? 

9.  Are  taxes  necessary  ? 

10.  Mention  some  of  the  different  kinds  of  taxes. 

11.  From  whom  does  the  government  collect  imposts,  or  customs 

duties?    Who  finally  pays  this  tax?    Show  how  this  is. 
Describe  the  difference  between  a  direct  and  an  indirect 
.    tax. 

12.  What  provisions  in  the  Constitution  regarding  citizenship  and 

naturalization  ? 

13.  What  do  you  mean  by  naturalization? 

14.  Do  naturalized  citizens  have  all  the  rights  and  privileges  of 

native  born  citizens? 

1  U.  S.  Const,  Art.  III.,  Sect.  3,  Par.  2. 
2U.  S.  Const.,  Art.  III.,  Sect.  8,  Par.  1. 


76  CIVIL  GOVERNMENT. 

15.  What  are  the  provisions  in  the  Constitution  regarding  money  ? 

16.  What  powers  has  Congress  with  regard  to  the  establishment 

of  courts? 

17.  What  powers  has  Congress  with  respect  to  declaring  war? 

With  respect  to  letters  of  marque  and  reprisal?    To  armies? 
To  the  militia? 

18.  In  regard  to  what  crimes  may  Congress  legislate  ? 

19.  Discuss  the  provisions  in  the  Constitution  concerning  com- 

merce ? 

20.  What  powers  has  Congress  with  respect  to  the  postal  service  ? 

21.  What  powers  has  Congress  with  respect  to  the  Territories  and 

the  admission  of  new  States? 

22.  Explain  the  powers  which  Congress  may  exercise  with  respect 

to: 
(a)  Bankruptcy; 
(6)  Weights  and  measures;  (explain  the  distinction  between 

**  legalizing"  and  "adopting"  the  metric  system) ; 
(c)  Copyrights  and  patents ; 
{d)  Federal  districts ; 
(e)  Impeachments; 
(/)  Treason. 


CHAPTER  XII. 

THE   FEDERAL   EXECUTIVE. 

§  1.   The  President. 

102.  The  Executive  Power.— According  to  the  Con- 
stitution, "the  executive  power  is  vested  in  the  President 
of  the  United  States."^  This  means  that  the  President  is 
the  chief  among  the  executive  officers  of  the  government. 
In  the  enormous  mass  of  business  to  be  attended  to,  it 
is  found  necessary  to  have  many  other  officers.  A  series 
of  departments  has  been  established,  and  heads  placed 
over  these  departments.  The  President,  together  with 
these  departments,  constitutes  the  federal  executive.    The 

UJ.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  1. 


FEDERAL  GOVERNMENT.  77 

President,  however,  is  the  responsible  head  of  the  exec- 
utive power;  he  is  the  only  executive  officer  who  is 
elected  by  the  people;  the  heads  of  the  departments  are 
appointees  of  his,  are  his  advisers,  are  responsible  to 
him,  and  are  not  coordinate  officers  with  him.  He  is  by 
his  office  the  most  conspicuous  person  in  the  nation ;  he 
represents  the  national  unity  in  our  dealings  with  foreign 
countries. 

103.  Qualifications  for  President. — In  order  that  a 
person  may  be  eligible  to  the  Presidency,  he  must  be  a 
native  born  citizen,  at  least  thirty-five  years  of  age,  and 
a  resident  within  the  United  States  for  fourteen  years.* 
The  salary  of  the  President  is  fixed  by  law,  and  may  not 
be  increased  nor  diminished  during  the  period  for  which 
he  has  been  elected.^ 

104.  Election  of  President  and  Vice-President.— 

The  President  and  Vice-President  are  not  elected  directly 
by  the  people,  but  indirectly,  through  "  electors "  chosen 
by  the  people.  The  people  in  each  State  elect  as  many 
electors  as  the  State  has  Senators  and  Representatives  in 
Congress.^  These  electors  are  chosen  at  an  election  held 
on  the  Tuesday  following  the  first  Monday  of  November 
in  the  year  preceding  the  expiration  of  the  presidential 
term.*  As  it  happens,  the  first  election  having  taken 
place  in  1788,  this  election  for  presidential  electors  occurs 
in  November  of  every  leap  year.  After  their  election, 
the  electors  meet  in  the  capitals  of  their  several  States, 
on  the  first  Wednesday  in  December,  and  cast  their  votes 
for  President  and  Vice-President.  These  votes  are  then 
sent  to  Washington,  and,  on  the  second  Wednesday  in 
the  following  February,  are  opened  and  counted  in  Con- 

»U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  5. 
»U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  7. 
»U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  2. 
*U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  4. 


78  CIVIL  GOVERNMENT. 

gress,  the  Senate  and  House  of  Representatives  meeting 
together  for  this  purpose/  The  person  then  declared 
elected  President  is  "  inaugurated,"  or  sworn  into  office, 
with  appropriate  ceremonies,  on  the  fourth  day  of  the 
following  March. 

105.  Working  of  the  Electoral  System.— The 
method  prescribed  for  electing  the  President  and  Vice- 
President  is  one  of  the  few  features  of  the  Constitution  in 
which  its  framers  departed  from  the  practice  of  the  Colo- 
nies or  of  England.  And  it  is  one  of  the  few  that  have 
not  worked  in  the  way  in  which  they  were  designed.  The 
intention  was  that  each  elector  should  use  his  own  judg- 
ment and  vote  for  the  person,  any  one  he  chose,  whom 
he  might  think  best  qualified  for  the  office.  As  a  matter 
of  fact,  however,  the  elector  is  now  practically  pledged 
to  vote  for  some  particular  persons,  known  as  the  party 
candidates,  for  President  and  Vice-President.  During 
the  summer  before  the  election,  national  conventions  of 
the  leading  political  parties  are  held,  attended  by  dele- 
gates from  all  the  States  in  the  Union,  and  persons  are 
there  nominated  for  President  and  Vice-President.  Then 
later,  conventions  of  these  parties  are  held  in  the  indi- 
vidual States  and  electors  are  nominated.  These  electors, 
when  chosen  by  the  people,  vote,  as  a  matter  of  course, 
for  the  nominees  of  the  national  convention  of  their 
party.  Thus,  when  the  election  comes  off  in  November, 
while  the  people  are  nominally  voting  for  electors,  they 
have  in  mind  the  persons  nominated  for  President  and 
Vice-President,  and  are  really  voting  for  these  latter. 
As  soon  as  it  is  known  what  sets  of  electors  are  elected, 
it  is  known  what  persons  are  elected  President  and  Vice- 
President.  The  casting  of  the  votes,  then,  by  the  electors,  ' 
becomes  merely  a  form. 

lU.  S.  Const.,  Amend.  XII. 


FEDERAL  GOVERNMENT.  79 

106.  Election  of  President  by  the  House  of 
Representatives. — The  Constitution  provides  that  if 
no  person  receives  a  majority  of  the  electoral  votes  for 
President,  the  House  of  Representatives  shall  elect  one 
from  among  the  three  receiving  the  greatest  number  of 
electoral  votes.  The  House  of  Representatives,  when 
voting  for  President  under  these  circumstances,  votes 
"by  States;"  that  is  to  say,  each  State  has  one  vote,  and 
a  majority  of  the  votes  of  the  Representatives  from  each 
State  makes  the  one  vote  of  the  State.  A  quorum  for 
this  purpose  consists  of  a  member  or  members  from  two 
thirds  of  the  States,  and  a  majority  of  all  the  States  is 
necessary  to  a  choice.^ 

107.  Election  of  Vice-President  by  the  Senate.— 
In  case  no  person  receives  a  majority  of  the  electoral  votes 
for  Vice-President,  the  Senate  is  to  elect  one  from  the 
two  receiving  the  greatest  number  of  electoral  votes.  A 
quorum  of  the  Senate  for  this  purpose  consists  of  two 
thirds  of  the  whole  number  of  Senators,  and  a  majority 
of  the  whole  number  is  necessary  for  a  choice.'^ 

108.  The  Presidential  Succession.— In  case  of  the 
removal,  death,  resignation,  or  inability  of  the  President, 
the  Vice-President  succeeds  to  the  office  of  President, 
and  fills  it  for  the  remainder  of  the  term  for  which  the 
person  whose  place  he  takes  was  elected,  or,  in  case  of 
disability,  until  the  disability  is  removed.'  Congress  has 
provided  that  in  case  of  the  removal,  death,  resignation, 
or  inability  of  both  the  President  and  Vice-President, 
the  office  of  the  President  is  to  be  filled  until  the  dis- 
ability of  the  President  or  Vice-President  is  removed,  or 
until  a  President  shall  be  elected,  by  the  Secretary  of 

lU.  S.  Const.,  Amend.  XII.,  Par.  1. 
nr.  8.  Const.,  Amend.  XII.,  Par.  2. 
»U.  8.  Const.,  Art.  II.,  Sect.  1,  Par.  6. 


80  CIVIL  GOVERNMENT. 

State;  or,  if  he  cannot  act,  by  the  Secretary  of  the 
Treasury;  or,  if  he  cannot  act,  by  the  Secretary  of  War; 
and  so  on,  in  succession,  by  the  Attorney-General,  the 
Postmaster-General,  the  Secretary  of  the  Navy,  or  the 
Secretary  of  the  Interior/ 

In  order  that  any  one  may  exercise  the  office  of 
President,  he  must  have  the  qualifications  prescribed 
by  the  Constitution  for  the  President. 

109.  Duties  and  Powers  of  the  President.— The 
duties  of  the  President  are  summed  up  in  the  words 
of  the  Constitution:  "He  shall  take  care  that  the  laws 
are  faithfully  executed."^  These  duties  are,  of  course, 
performed  for  the  most  part  not  by  himself  directly,  but 
by  executive  officers  appointed  to  assist  him-. 

As  to  his  powers,  he  is  made  commander-in-chief  of  the 
army  and  navy  of  the  United  States,  and  of  the  State 
militias  when  they  are  called  into  the  actual  service  of 
the  United  States.^  He  regulates  the  foreign  relations  of 
the  country  by  receiving  all  foreign  ministers,*  and  by 
.being  authorized  to  make  treaties  with  the  assent  of  the 
Senate.^  He  may  grant  pardons  for  offenses  against  the 
United  States  except  in  cases  of  impeachment.® 

With  the  assent  of  the  Senate,  he  appoints  and  com- 
missions all  officers  of  the  federal  government  whose 
appointment  is  not  otherwise  provided  for.'  Such  officers 
include  ambassadors,  ministers,  and  consuls,  who  repre- 
sent the  United  States  abroad,  judges  of  the  Supreme 
Court,  and  a  vast  number  of  other  officials,  such  as  heads 
of  the  departments,  postmasters,  territorial  Governors  and 

lU.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  6. 

2U.  S.  Const.,  Art.  II.,  Sect.  3. 

3U.  S.  Const.,  Art.  II.,  Sect.  2,  Par.  1. 

m.  S.  Const.,  Art.  II.,  Sect.  3. 

6U.  S.  Const.,  Art.  II.,  Sect.  2,  Par.  2. 

6U.  S.  Const.,  Art.  II.,  Sect.  2,  Par.  1. 

TU.  S.  Const.,  Art.  II.,  Sect.  2,  Par.  2. 


FEDERAL  GOVERNMENT.  81 

judges,  revenue  officers,  and  so  forth.  When  vacancies 
occur  during  the  recess  of  the  Senate,  the  President  may 
fill  them  by  granting  commissions  which  expire  at  the 
end  of  the  next  session.^ 

110.  Civil  Service  Appointments.— The  Consti- 
tution allows  Congress  to  do  away  with  the  assenting 
or  confirming  power  of  the  Senate  in  the  filling  of  all 
inferior  offices,  and  then  to  place  their  filling,  as  it  sees 
fit,  in  either  the  President,  the  courts,  or  the  heads  of 
departments.'^  The  appointment  of  a  large  number  of 
inferior  officers,  such  as  postmasters  and  revenue  collect- 
ors, is  given  exclusively  to  the  President.  These  officials 
are  mainly  clerks  in  the  civil  service  of  the  government. 
Efficiency  and  merit  are  ^he  prime  qualifications  needed 
from  such  officials,  and  such  qualifications  would  be 
deemed  indispensable  for  clerks  in  the  management  of 
any  private  business.  The  principles  that  hold  good  in 
the  conduct  of  private  business  ought  to  hold  good  in  the 
conduct  of  government  business.  Politics  ought  to  have 
no  place  in  the  appointment  of  such  government  officials 
as  we  are  considering. 

In  consequence  of  the  abuse  of  their  power  in  the 
matter  of  such  appointments  by  some  of  our  Presidents, 
and  after  many  years  of  discussion  and  of  platform 
promises.  Congress,  in  1883,  passed  an  Act,  designed  to 
"take  the  civil  service  out  of  politics,"  entitled  "An 
Act  to  regulate  and  improve  the  civil  service  of  the 
United  States,"  and  commonly  known  as  the  "Pen- 
dleton Act."  This  law  provides  for  the  appointment 
by  the  President,  with  the  assent  of  the  Senate,  of  a 
Civil  Service  Commission.  This  commission  consists  of 
three  persons,  not  more  than  two  of  whom  are  to  belong 
to  the  same  political  party.     They  are  to  have  the  over- 


»U.  S.  Const.,  Art.  TT.,  Sect.  2,  Par.  3. 
2U.  S.  Const.,  Art.  IJ.,  Sect.  2,  Par.  2. 

6— CO 

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82  CIVIL  GOVERNMENT. 

sight  of  the  appointments  to  the  department  service  in 
Washington,  and  in  custom  houses,  and  in  post  offices 
having  fifty  clerks.  Competitive  examinations  are  held 
at  stated  times,  and  vacancies  are  filled  from  those  who 
stand  highest  in  the  examinations.  This  law  affects 
many  thousand  clerks  in  the  customs  and  postal  service 
of  the  country,  and  the  security  in  their  positions  is 
no  longer  disturbed  by  a  change  in  the  Presidency.  A 
beginning  in  the  right  direction  has  thus  been  made. 

111.  Relations  between  the  President  and  Con- 
gress.— We  have  already  seen  the  part  which  the  Presi- 
dent takes  in  the  making  of  laws  through  his  "veto" 
power.  He  is  further  directed  by  the  Constitution  to 
give  to  Congress  information  on  the  state  of  the  Union, 
and  to  recommend  to  their  consideration  such  measures 
as  he  shall  think  necessary  or  expedient.^  This  informa- 
tion he  gives  by  means  of  written  messages.  He  is 
authorized  to  convene  on  extraordinary  occasions  one 
or  both  houses  of  Congress.^  And  if  the  two  houses  of 
Congress  should  be  unable  at  any  time  to  agree  upon  the 
time  of  their  adjournment,  he  is  authorized  to  adjourn 
them  to  such  time  as  he  deems  proper.' 

The  only  direct  relation  with  Congress  that  the  Presi- 
dent has  in  making  laws  is  in  his  vetoes,  which  Congress 
may  override  by  a  two-thirds  vote,  and  in  his  messages, 
which  Congress  may  entirely  disregard.  This  arrange- 
ment agrees  with  the  idea  that  was  in  the  minds  of  the 
framers  of  the  Cons'titution,  that  the  different  depart- 
ments or  branches  of  government — the  legislative,  ex- 
ecutive, and  judicial — should  be  entirely  separate.  No 
other  great  nation,  however,  carries  this  separation  so 
far,  and  there  are  some  practical  inconveniences  in  it. 

lU.  8.  Const.,  Art.  II.,  Sect.  3. 
2U.  S.  Const.,  Art.  II.,  Sect.  3. 
8U.  8.  Const..  Art.  II.,  Sect.  3. 


FEDERAL  GOVERNMENT.  83 

Many  suggestions  have  been  made  for  bringing  about  a 
closer  relation  between  the  executive  and  legislative 
departments,  as,  for  instance,  making  the  cabinet  officers 
members  of  Congress,  just  as  in  England  the  cabinet 
officers  are  members  of  Parliament. 

§  2.  The  Executive  Departments. 

112,  The  Cabinet. — Congress  has  established,  for  the 
discharge  of  the  executive  business  of  the  government, 
eight  departments,  whose  heads  have  seats  in  the  Presi- 
dent's cabinet,  or  advisory  board.  The  First  Congress 
established  four  such  departments:  the  Departments  of 
State,  of  the  Treasury,  of  War,  and  of  Justice.  In  1798 
the  management  of  the  navy  was  taken  from  the  War 
Department  and  given  to  a  special  Department  of  the 
Navy.  In  1829  the  post  office,  which  had  been  under 
the  Treasury  Department,  was  made  an  independent 
department.  In  1849  the  Department  of  the  Interior 
was  established;  and  in  1889  a  Department  of  Agricult- 
ure was  formed.  The  heads  of  these  departments  are 
appointed  by  the  President  with  the  consent  of  the 
Senate.  They  hold  office  at  the  will  of  the  President, 
and  are  responsible  to  him  for  the  proper  performance  of 
the  duties  of  their  offices.  • 

113.  The  Department  of  State  is  presided  over 
by  the  Secretary  of  State,  whose  most  important  duty 
is  to  manage  the  relations  of  the  United  States  with 
foreign  countries.  This  officer  conducts  the  correspond- 
ence with  foreign  ministers  and  with  our  ministers  and 
consuls  abroad.  He  issues  passports  to  American  citizens 
visiting  foreign  countries.  He  issues  warrants  for  the 
extradition  of  criminals  in  accordance  with  treaties  with 
foreign  governments.  He  has  charge  of  treaties  and 
negotiates    new   ones.     He    keeps   the   archives  of  the 


84  CIVIL  GOVERNMENT. 

government;  publishes  the  laws,  treaties,  presidential 
messages,  proclamations.  He  is  the  keeper  of  the  Great 
Seal  of  the  United  States. 

114.  The  Treasury  Department,  presided  over  by 
the  Secretary  of  the  Treasury,  has  charge  of  the  financial 
business  of  the  government.  It  is  the  duty  of  this  Sec- 
retary to  prepare  and  suggest  plans  for  creating  revenue 
and  supporting  the  credit  of  the  United  States;  to  super- 
intend the  collection  of  revenues  coming  from  the  customs 
duties  and  internal  taxes;  to  grant  warrants  for  the  pay- 
ment of  money  according  to  appropriations  by  Congress; 
to  audit  the  accounts  of  all  the  departments;  to  super- 
vise and  regulate  the  national  banks  and  the  currency  of 
the  United  States,  the  coinage  of  money,  and  to  attend 
to  the  collection  of  a  variety  of  statistics.  These  are  the 
main  duties  of  this  department,  although  there  are  many 
other  duties. 

115.  The  Department  of  War,  presided  over  by 
the  Secretary  of  War,' has  charge  of  the  military  forces 
of  the  Union,  the  signal  service,  the  spending  of  money 
appropriated  by  Congress  for  the  improvement  of  harbors 
and  of  navigation. 

116.  The  Department  of  the  Navy,  presided  over  by 
the  Secretary  of  the  Navy,  has  charge  of  the  naval  forces, 
and  of  certain  matters  relating  to  navigation,  such  as  the 
issuing  of  nautical  charts  and  almanacs. 

117.  The  Department  of  Justice  is  presided  over  by 
the  Attorney-General  of  the  United  States.  The  Attorney- 
General  has  charge  of  all  law  suits  in  which  the  United 
States  is  concerned  as  a  party.  He  is  consulted  for  legal 
advice  by  the  President,  heads  of  departments,  and  other 
federal  authorities.  To  this  department  all  the  marshals 
and  district  attorneys  of  the  United  States  are  attached. 


FEDERAL  GOVERNMENT.  85 

118.  The  Post  Office  Department,  presided  over  by 
the  Postmaster-General,  has  charge  of  the  carrying  and 
delivery  of  letters  and  parcels  known  as  mail  matter,  and 
the  sending  of  money  by  means  of  money  orders.  It 
classifies  mail  matter,  and  fixes  the  rates  of  postage.  It 
has  power  to  make  postal  arrangements  with  foreign 
countries. 

119.  The  Department  of  the  Interior,  presided  over 
by  the  Secretary  of  the  Interior,  was  organized  in  1849  to 
take  charge  of  various  duties  which  had  grown  up  with 
the  development  of  the  country.  The  diverse  duties  under 
the  charge  of  this  department  are:  (1)  The  management 
of  the  public  land, including  mines  ( General  Land  Office)] 
(2)  the  regulation  of  dealings  with  the  Indians  {Indian 
Bureau)]  (3)  the  payment  of  pensions  and  the  distribu- 
tion of  bounty  lands  {Pension  Office)]  (4)  the  issuing  of 
patents  to  inventors,  and  preserving  models  of  all  ma- 
chines patented  {Patent  Office)]  (5)  care  and  distribution 
of  all  public  documents  {Superintendent  of  Public  Docu- 
ments)] (6)  the  collection  of  statistics  and  facts  showing 
the  condition  and  progress  of  education,  and  the  publica- 
tion of  such  information  as  may  assist  in  the  improvement 
of  education  throughout  the  United  States  {Bureau  of 
Education)]  (7)  taking  the  census  of  the  United  States 
every  ten  years  {Census  Office)]  (8)  the  auditing  of  the 
accounts  of  certain  railroad  companies  to  which  the 
United  States  has  granted  loans  and  subsidies  {Com- 
missioner of  Railroads)]  (9)  the  superintendence  of  the 
government  hospital  for  the  insane  and  the  Columbia 
asylum  for  the  deaf  and  dumb  (under  the  Pension  Office). 

120.  The  Department  of  Agriculture,  presided  over 
by  the  Secretary  of  Agriculture,  has  for  its  duty  the 
promotion  of  the  agricultural  interests  of  the  country. 
It  collects  information  and  makes  scientific  investigations 


86  CIVIL  GOVERNMENT. 

as  to  the  diseases  of  plants,  the  best  methods  of  cultivating 
the  soil,  and  so  forth. 

Besides  these  departments,  whose  heads  have  seats  in 
the  cabinet,  there  are  several  other  offices  or  boards, 
namely: 

121.  The  Department  of  Labor,  the  duty  of  which 
is  to  collect  and  publish  information  concerning  such 
matters  as  rates  of  wages,  hours  of  labor,  food  and 
expenses  of  laborers,  and  all  matters  which  may  lead  to 
the  improvement  of  the  condition  of  laborers. 

122.  The    Interstate    Commerce    Commission, 

which  has  supervision  of  the  rates  which  railroads  may 
charge  for  carrying  passengers  and  freight  from  one 
State  to  another.  Its  duty  is  to  see  that  certain  laws  of 
Congress,  which  are  intended  to  make  railroads  treat  all 
persons  equally  and  fairly  in  the  matter  of  such  rates, 
are  carried  out. 

123.  The  Civil  Service  Commission,  whose  duties 
we  have  ah*eady  examined. 

124.  The  Commission  of  Pish  and  Fisheries, 
whose  duty  it  is  to  provide  for  the  preservation,  improve- 
ment, and  increase  of  the  stock  of  fish  in  the  rivers  and 
lakes  and  on  the  coasts  of  the  United  States. 

Questions  on  the  Federal  Executive. 

1.  Who  is  the  chief  executive  of  the  United  States? 

2.  Who  may  be  elected  President? 

3.  What  is  his  salary? 

4.  How  is  he  elected? 

5.  When  is  he  elected? 

6.  For  how  long  is  he  elected? 

7.  Who  may  vote  at  the  presidential  election? 

8.  How  does  the  electoral  system  work? 

9.  In  what  event  is  the  President  elected  by  the  House  of 

Representatives  ? 


FEDERAL  GOVERNMENT.  87 

10.  In  what  event  is  the  Vice-President  elected  by  the  Senate? 

11.  In  case  of  the  removal,  etc.,  of  the  President,  who  becomes 

President? 

12.  What  further  provision  is  made  for  the  presidential  succes- 

sion? 

13.  What  are  the  names,  residences,  and  political  party  of  the 

persons  now  holding  the  offices  of  President  and  Vice- 
President? 

14.  What  are  the  powers  and  duties  of  the  President? 

15.  What  arrangements  are  made  for  appointments  in  the  civil 

service  ? 

16.  What  relations  exist  between  the  President  and  Congress? 

17.  Describe  the  powers  and  duties  and  mode  of  appointment  of 

each  of  the  following  officers;  give  the  names  and  residences 

of  the  persons  now  in  office: 
(a)  The  Secretary  of  State; 
(6)  The  Secretary  of  the  Treasury; 

(c)  The  Secretary  of  War; 

(d)  The  Secretary  of  the  Navy; 

(e)  The  Attorney-General; 
(/)  The  Postmaster-General; 

(gf)  The  Secretary  of  the  Interior; 
[h)  The  Secretary  of  Agriculture. 

18.  Describe  the  functions  of  the  following: 
(a)  The  Department  of  Labor; 

(6)  The  Interstate  Commerce  Commission; 

(c)  The  Civil  Ser^dce  Commission; 

(d)  The  Commission  of  Fish  and  Fisheries. 


CHAPTER  XIII. 

THE   FEDERAL    JUDICIARY. 


125.  The  Judiciary  of  the  United  States  consists 
of  the  Supreme  Court,  Circuit  Courts,  and  District 
Courts.  To  these  may  be  added  the  Circuit  Courts  of 
Appeals  and  the  Court  of  Claims.^ 


1  U.  S.  Const.,  Art.  III.,  Sect. 


88  CIVIL  GOVERNMENT. 

126.  The  Supreme  Court  consists  of  a  Chief  Justice 
and  eight  Associate  Justices.  It  meets  annually  in  Wash- 
ington, on  the  second  Monday  in  October.  Six  Justices 
make  a  quorum.  The  court  has  original  jurisdiction  in 
all  cases  affecting  ambassadors,  other  public  ministers 
and  consuls,  and  in  all  cases  in  which  a  State  is  a  party .^ 
All  other  cases  that  come  before  it  are  appealed  to  it 
from  State  courts  or  from  federal  Circuit  or  District 
Courts.'^  Generally  speaking,  cases  may  be  appealed  to 
the  Supreme  Court  only  when  the  matter  in  dispute 
exceeds  $5,000  in  value.  But  any  case  in  which  a  law 
of  Congress  has  been  declared  unconstitutional  by  a 
lower  court,  that  is,  any  case  which  involves  an  inter- 
pretation of  the  Constitution,  may  be  appealed  to  the 
Supreme  Court  regardless  of  the  sum  in  dispute. 

127.  Circuit  and  District  Courts.— The  area  of  the 
United  States — exclusive  of  the  Territories — is  divided 
into  nine  circuits.  One  Justice  of  the  Supreme  Court  is 
assigned  to  each  of  these  circuits,  and  in  addition  there 
are  special  Circuit  Judges.  The  Circuit  Court  in  session 
may  consist  of  the  Supreme  Court  Justice  alone,  of  the 
Circuit  Judge  alone,  or  of  either  of  these  and  the  resident 
District  Court  Judge.  The  circuits  are  divided  into  dis- 
tricts, the  boundaries  never  crossing  State  lines.  Some 
of  the  States  constitute  each  a  single  district;  some  are 
divided  into  two  districts;^ and  some  into  three,  according 
to  the  population  and  the  amount  of  business.  For  each 
district  there  is  a  District  Court.  The  District  Courts 
are  considered  the  lowest  of  the  federal  courts.  The 
Circuit  Court  of  each  circuit  sits  in  each  district  of  its 
circuit  successively,  and  the  Supreme  Court  Justice  is 
required  by  law  to  sit  in  each  district  of  his  circuit  at 
least  once   every  two   years.     These   courts   have   been 

1  U.  S.  Const.,  Art.  III.,  Sect.  2,  Par.  1  and  2. 
2U.  8.  Const.,  Art.  III.,  Sect.  2,  Par.  1  and  2. 


FEDERAL  GOVERNMENT.  89 

established  by  Congress   under   its  power  to  constitute 
tribunals  inferior  to  the  Supreme  Court.^ 

128.  Circuit  and  District  Courts  have  jurisdiction 
only  in  cases  which  Congress,  under  the  Constitution, 
has  referred  to  them.  The  District  Courts  have  power, 
subject  to  appeal  to  the  Circuit  Courts  of  Appeals, 
to  try  certain  civil  cases  where  the  matter  in  dispute 
exceeds  $50  in  value,  and  in  admiralty  and  maritime 
cases.  The  Circuit  Courts  have  power  to  try,  in  the  first 
instance,  certain  civil  cases  where  the  matter  in  dispute 
exceeds  $500  in  value.  In  criminal  cases,  punishable 
under  federal  law,  capital  offenses  may  be  tried  by  the 
Circuit  Courts  only;  all  lesser  offenses,  by  either  the 
Circuit  or  District  Courts. 

129.  Jurisdiction. — The  nature  of  the  questions  that 
may  come  before  federal  courts  rather  than  before  State 
courts  is  fixed  by  the  Constitution.'^  These  questions 
may  be  divided  into  two  classes:  "(1)  Those  in  which 
it  is  manifestly  proper  that  its  authority,  rather  than 
the  authority  of  a  State,  should  control,  because  of  the 
nature  of  the  questions  involved;  for  instance,  admiralty 
and  maritime  cases,  navigable  waters  being  within  the 
exclusive  jurisdiction  of  the  federal  authorities,  and  cases 
arising  out  of  the  Constitution,  laws,  or  treaties  of  the 
United  States,  or  out  of  conflicting  grants  made  by  dif- 
ferent States.  (2)  Those  in  which,  because  of  the  nature 
of  the  parties  to  the  suit,  the  State  courts  could  not  prop- 
erly be  allowed  jurisdiction;  cases  affecting,  for  instance, 
foreign  ambassadors,  who  are  accredited  to  the  govern- 
ment of  the  United  States,  and  with  w^hom  our  only  rela- 
tions are  national  relations,  whose  privileges  rest  upon 
the  sovereignty  of  the  States  they  represent;  or  cases  in 

» U.  S.  Const.,  Art.  1.,  Sect.  8,  Par.  9;  Art.  III.,  Sect.  1. 
2  U.  S.  Const.,  Art.  III.,  Sect.  2,  Par.  1. 


90  CIVIL  GOVERNMENT. 

which  the  State  courts  could  not  have  complete  jurisdic- 
tion because  of  the  residence  of  the  parties;  for  instance, 
suits  arising  between  citizens  of  different  States/^  * 

130.  Circuit  Courts  of  Appeals.— The  Circuit 
Courts  of  Appeals  have  been  established  for  the  purpose 
of  hearing  cases  on  appeal  from  the  District  Courts  and 
for  relieving  the  Supreme  Court.  A  Circuit  Court  of 
Appeals  is  established  in  each  circuit.  It  consists  of 
three  judges:  the  Circuit  Judge  of  the  circuit  in  which 
the  court  is  held,  an  additional  Circuit  Judge,  and  the 
Supreme  Court  Justice  of  the  circuit.  In  case  any  one 
of  these  is  absent,  a  District  Judge  in  the  circuit  may  sit 
in  the  court.  The  court  meets  annually,  and  hears  on 
appeal  such  cases  as  Congress  may  direct  to  be  brought 
before  it. 

131.  Court  of  Claims. — The  Court  of  Claims  consists 
of  five  judges,  and  sits  at  Washington.  Any  person 
having  a  claim  against  the  government  lays  the  matter 
before  this  Court.  The  court  reports  its  proceedings  to 
Congress,  which  may  then  pass  a  bill  to  satisfy  the  claim. 

132.  All  FederalJustices  andJudges  are  appointed 
by  the  President,  with  the  assent  of  the  Senate,^  and  hold 
office  during  good  behavior.^  They  may  be  removed  upon 
impeachment  and  conviction.'  Any  judge,  after  ten  years' 
consecutive  service,  being  seventy  years  of  age,  may  retire 
on  full  pay  if  he  desires.  The  compensation  of  the  judges 
cannot  be  diminished  during  their  term  of  office.'* 

138.  District  Attorneys  and  Marshals.— For  each 
district  there  is  appointed  a  district  attorney  and  a  mar- 
shal.   The  district  attorney  is  the  law  officer  of  the  United 

*  Wilson,  The  State,  p.  556. 
lU.  8.  Const.,  Art.  II.,  Sect.  2,  Par.  2. 
2 U.  S.  Const.,  Art.  III.,  Sect.  1. 
3U.  S.  Const.,  Art.  II.,  Sect.  4. 


FEDERAL  GOVERNMENT.  '  91 

States  for  the  district.  He  has  charge  of  all  suits  for  the 
federal  government.  The  marshal's  duties  are  similar 
to  those  of  a  sheriff.  He  executes  all  the  orders  of  the 
federal  courts  of  his  district,  he  arrests  and  keeps  all 
prisoners  charged  with  violating  the  federal  laws,  and  so 
forth. 

Questions  on  the  Federal  Judiciary. 

1.  Of  what  does  the  judiciary  of  the  United  States  consist? 

2.  Tell  what  you  can  about  the  Supreme  Court  under  the  follow- 

ing heads: 
(a)  The  names  and  residences  of  the  present  Chief  Justice 

and  Associate  Justices; 
(6)  Time  of  session; 

(c)  Quorum; 

(d)  Original  jurisdiction; 

(e)  Appellate  jurisdiction. 

3.  What  are  the  inferior  federal  courts  called? 

4.  What  is  the  nature  of  the  jurisdiction  of  the  federal  courts? 

5.  What  powers  has  Congress: 
(a)  Over  the  Supreme  Court; 

(6)  Over  Circuit  and  District  Courts? 
6-  What  power  has  the  President  over  federal  judges? 

7.  What  are  the  duties  of  district  attorneys  and  marshals? 

8.  What  is  meant  by  appellate  jurisdiction  ? 

9.  What  is  meant  by  original  jurisdiction? 

10.  What  is  meant  by  power  to  try  cases  *'in  the  first  instance?" 


92  CIVIL  GOVERNMENT. 

PART   IV. 
OKNERAL   CONSIDERATIONS. 


CHAPTER  XIV. 

CITIZENSHIP,    SUFJ^RAGE,    AND   ELECTIONS. 

§  1.  Citizenship. 

134.  How  Citizenship  is  Acquired.— The  fourteenth 
amendment  of  the  Constitution  of  the  United  States 
declares  that  "all  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein 
they  reside."  ^  There  are,  then,  two  ways  in  which  one 
may  become  a  citizen:  (1)  By  birth  in  the  United  States, 
and  (2)  by  naturalization.  But  in  addition  to  one's 
being  born  in  the  United  States,  he  must  be  subject  to  its 
jurisdiction.  An  illustration  or  two  will  indicate  what  is 
meant  by  this.  Indians  born  in  the  United  States,  but 
still  preserving  their  tribal  relations,  living  on  reserva- 
tions, are  not  subject  to  the  jurisdiction  of  the  United 
States  and  are  not  citizens.  Children  born  in  the  United 
States  of  foreign  ministers  or  consuls  temporarily  resid- 
ing in  this  country  are  not  subject  to  the  jurisdiction  of 
the  United  States  and  are  not  citizens.  Likewise,  per- 
sons who  have  given  up  their  citizenship  in  the  United 
States  by  becoming  citizens  of  foreign  countries  are  no 
longer  subject  to  the  jurisdiction  of  the  United  States. 

135.  Naturalization.  —  Foreigners  residing  in  the 
United  States  may  be  naturalized  by  proceedings  before 

lU.  S.  Const.,  Amend.  XIV. 


GENERAL   CONSIDERATIONS.  93 

a  court  of  law  in  accordance  with  a  general  law  of 
Congress.^ 

The  method  of  procedure  which  a  foreigner  desiring  to 
become  a  citizen  must  pursue  is  as  follows: 

After  a  residence  in  this  country  of  not  less  than  three 
years  he  must  appear  before  a  court  of  law  in  the  State 
or  Territory  in  which  he  desires  to  exercise  the  rights  of 
citizenship,  and  declare  his  intention  to  become  a  citizen 
of  the  United  States.  Not  less  than  two  years  later  he 
must  apply  for  citizenship,  and  upon  showing  that  he 
has  properly  made  a  declaration  of  his  intention,  and 
renouncing  allegiance  to  the  government  of  which  he  was 
before  a  citizen,  and  taking  the  oath  to  be  a  loyal  citizen 
of  this  country,  such  declarations  being  supported  by  two 
reliable  witnesses,  he  may  be  admitted  as  a  citizen  of  the 
United  States. 

The  children  born  abroad  of  American  citizens  are 
themselves  American  citizens;  children  of  foreigners 
residing  in  the  United  States  may  choose  for  themselves 
of  which  country  they  shall  be  citizens. 

The  residents  of  a  foreign  territory  become  naturalized 
citizens  of  the  United  States,  when  such  territory,  together 
with  its  inhabitants,  is  acquired  by  the  United  States. 
Thus,  the  inhabitants  of  the  territory  of  Louisiana,  of 
Florida,  of  Texas,  and  of  portions  of  Mexico,  became 
citizens  of  the  United  States  when  the  country  in  which 
they  lived  became  incorporated  in  the  United  States. 

136.  Loss  of  Citizenship. — Naturalization  in  one 
country  implies  a  loss  of  citizenship  in  another.  This  loss 
of  citizenship  is  called  expatriation.  A  law  of  Congress 
declares  that  "  expatriatiotiis  a  natural  and  inherent 
right  of  all  people,  indispensable  to  the  enjoyment  of  the 
rights  of  life,  liberty,  and  the  pursuit  of  happiness." 

lU.  S.  Const.,  Art.  I.,  Sect.  8,  Par.  4. 


94  CIVIL  GOVERNMENT. 

137.  Citizenship  in  State  and  Nation.— As  a  rule, 
every  citizen  in  the  Union  is  clothed  with  a  double  citizen- 
ship, citizenship  of  the  United  States  and  citizenship  of 
the  State  in  which  he  resides.  We  cannot  conceive  of  a 
citizenship  of  a  State  unconnected  with  citizenship  of 
the  United  States,  nor,  where  a  person  resides  in  a  State, 
of  his  federal  citizenship  unconnected  with  his  State 
citizenship.  When  a  person  resides  in  a  Territory,  how- 
ever, his  citizenship  of  the  United  States  is  unconnected 
with  that  of  a  State. 

Naturalization  can  only  be  conferred  by  the  United 
States,  and  not  by  a  State. 

§  2.  Suffrage. 

138.  Meaning  of  Suffrage.— Suffrage  is  the  right  to 
vote;  that  is,  to  participate  in  the  government  by  taking 
part  in  the  choice  of  public  officers.  It  is  a  privilege  that 
is  conferred  by  the  people  themselves,  through  the  Consti- 
tution, on  such  classes  of  persons  as  they  think  wisest  to 
intrust  with  this  sacred  and  responsible  duty.  It  is  the 
highest  privilege  of  citizenship.  But  citizenship  may 
exist  without  the  right  of  suffrage.  And  this  privilege, 
too,  may  be  conferred  on  those  who  are  not  citizens.  In 
fact,  a  number  of  the  States  do  admit  aliens  to  vote,  when 
they  have  merely  declared  their  intention  of  becoming 
citizens.  We  cannot  regard  such  action  on  the  part  of  a 
State  as  other  than  a  degradation  of  this  high  privilege 
and  as  a  menace  to  our  American  institutions.* 

The  power  to  confer  the  right  of  suffrage  lies  with  the 
States,  and  not  with  the  federal  government. 

*The  different  words,  "right,"  "privilege,"  and  "duty,"  are  used 
here  advisedly.  Suffrage  is  a  "  privilege,"  inasmuch  as  it  may  be  con- 
ferred or  withheld  by  the  Constitution  of  the  State  (subject  to  the 
limitations  of  the  fifteenth  amendment  of  the  U.  S.  Constitution); 
when  it  has  been  conferred,  it  becomes  a  "  right,"  which  can  be 
enforced  by  the  individual  invested  with  it;  and  it  is  also  a  moral 
"  duty  "  for  the  person  invested  with  this  right  to  exercise  it. 


GENERAL   CONSIDERATIONS.  95 

139.  Qualifications  of  Electors. — The  qualifications 
of  voters  or  electors  are  usually  prescribed  by  the  Con- 
stitution of  the  State.  These  qualifications  vary  in  the 
difierent  States.  The  California  Constitution  contains 
the  following  provision:  "Every  native  male  citizen  of 
the  United  States,  every  male  person  who  shall  have 
acquired  the  rights  of  citizenship  under  or  by  virtue 
of  the  treaty  of  Queretaro,  and  every  male  naturalized 
citizen  thereof,  who  shall  become  such  ninety  days  prior 
to  any  election,  of  the  age  of  twenty-one  years,  who  shall 
have  been  a  resident  of  the  State  one  year  next  preced- 
ing the  election,  and  of  the  county  in  which  he  claims 
his  vote  ninety  days,  and  in  the  election  precinct  thirty 
days,  shall  be  entitled  to  vote  at  all  elections  which  are 
now  or  may  hereafter  be  authorized  by  law."^ 

140.  Persons  Excluded  from  Voting.— As  a  rule, 
suffrage  is  conferred,  as  above,  on  men  only,  women 
not  being  admitted  to  the  privilege.  In  California  it  is 
expressly  declared  that  "no  native  of  China,  no  idiot, 
insane  person,  or  person  convicted  of  any  infamous 
crime,  and  no  person  hereafter  convicted  of  the  embez- 
zlement or  misappropriation  of  public  money,  shall  ever 
exercise  the  privilege  of  an  elector  in  this  State."  ^ 

141.  Conditions  Which  Shall  not  be  Imposed. — 
The  California  Constitution  prohibits  the  requiring  of  a 
property  qualification  for  the  right  of  voting.' 

The  fifteenth  amendment  of  the  Constitution  of  the 
United  States  provides  that  "the  rights  of  citizens  of 
the  United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States,  or  by  any  State,  on  account  of 
race,  color,  or  previous  condition  of  servitude."*  This 
provision  gave  to  the  freedmen  and  other  colored  persons 

1  Cal.  Const.,  Art.  II.,  Sect.  1.  »Cal.  Const.,  Art.  I.,  Sect.  24. 

2Cal.  Const.,  Art.  II.,  Sect.  1.  *U.  S.  Const.,  Amend.  XV. 


96  CIVTL  GOVERNMENT. 

an  equal  right  with  the  whites  to  be  considered  in  the 
bestowal  of  the  rights  of  suffrage. 

This  provision  applies  only  to  persons  who  are  declared 
by  the  Constitution  to  be  "citizens;"  it  does  not  prohibit 
Congress  from  refusing  naturalization,  and  thus  citizen- 
ship, to  foreigners  on  account  of  race  or  color  or  for  any 
other  reason.  And,  as  a  matter  of  fact,  the  naturaliza- 
tion laws  of  the  United  States  as  they  now  stand  extend 
the  right  of  aliens  to  become  citizens  to  whites  and  to 
persons  of  African  descent  alone. 

§  3.  Elections. 

142.  Political  Parties. — It  seems  indispensable  to  the 
presence  of  an  active  political  spirit  in  a  free  and  self- 
governing  nation  that  there  should  exist  political  par- 
ties. In  our  country  there  have  always  been  two  or  more 
great  national  parties.  These  parties  represent  different 
views  as  to  methods  of  governing  or  as  to  questions  of 
public  policy.  They  are  organized,  primarily,  for  the 
purpose  of  electing  the  President  and  Vice-President  and 
the  members  of  Congress.  Inasmuch  as  these  national 
elections  are  held  within  the  States  and  within  the  local 
divisions  of  the  States,  this  organization  of  the  national 
parties  is  carried  into  the  smallest  of  these  local  divis- 
ions. For  many  reasons,  therefore,  the  tendency  is  for 
national  parties  to  make  the  nominees  for  State,  county, 
and  city  officers.  There  may,  of  course,  be  local  parties, 
representing  local  questions  or  demanding  local  reforms, 
but  the  influence  of  the  national  parties  is  nearly  always 
present,  unless  it  be  in  the  local  elections  of  smaller 
towns. 

143.  Caucus,    Primary,    and    Convention.— The 

object  of  the  political  parties  is  to  name  persons  who  are 
to  be  voted  for  for  the  various  public  offices  at  elections 
provided  by  law.     The  persons  thus  named  are  known 


GENERAL   CONSIDERATIONS.  97 

as  the  nominees  or  candidates  of  the  party  naming  them. 
These  candidates  are  usually  nominated  by  a  convention 
of  party  delegates.  The  delegates  to  such  a  convention 
may  be  appointed  by  a  standing  executive  committee  of 
the  party,  or  by  a  party  caucus^  or  at  a  primary  election. 

Ordinarily  the  executive  committee,  which  was  ap- 
pointed at  the  preceding  convention,  has  no  authority  to 
appoint  delegates  to  a  nominating  convention.  But  when 
an  election  is  approaching,  the  committee  issues  a  call  to 
the  members  of  its  political  party  to  meet  at  a  specified 
time  and  place  in  order  to  choose  delegates  for  a  conven- 
tion. Such  a  meeting  would  be  known  as  a  caucus. 
Sometimes  the  caucus  itself,  instead  of  appointing  dele- 
gates to  a  convention,  nominates  the  party  candidates 
directly.  Sometimes  the  executive  committee  appoints 
a  time  when  the  qualified  voters  of  the  party  may  them- 
selves vote  for  delegates  to  a  convention.  Then  different 
factions  of  the  party  may  each  hold  a  caucus  and  nomi- 
nate sets  of  delegates.  Upon  the  day  appointed  the 
qualified  electors  of  the  party  vote  for  the  delegates  of 
their  choice.     Such  an  election  is  called  a  primary. 

Each  party  goes  through  some  such  process  in  selecting 
its  candidates. 

144.  Campaign. — After  the  nominations  have  been 
made  by  the  several  parties,  there  begins  what  is  known 
as  the  political  campaign.  This  continues  until  the  day 
of  the  election,  and  is  an  organized  movement  whereby 
the  leaders  of  the  several  parties  put  forth  every  efibrt 
to  advance  the  interests  of  their  own  candidates  and  to 
discredit  the  candidates  of  the  other  party  or  parties. 
The  "issues"  upon  which  each  party  claims  the  favors 
of  the  people  for  its  candidates  are  industriously  agitated. 

145.  Evils  of  Party  Methods. — The  existence  of 
political  parties  seems  to   be   a  sign   and  a  condition 

7— CG 


98  CIVIL  GOVERNMENT. 

on  the  part  of  the  people  of  a  healthy  interest  in  the 
government.  Organization  is  evidently  necessary  for  the 
practical  and  efficient  working  of  parties.  But  there  are 
evils  attending  the  caucus  and  convention  and  campaign 
which  call  for  the  most  earnest  thought  from  every  intelli- 
gent citizen.  Such  evils  are  the  influence  and  corruption 
practiced  by  political  "  bosses,"  the  buying  of  votes,  and 
"treating"  to  liquor.  They  are  especially  prevalent  in 
larger  cities. 

146.  The  Election. — The  preliminary  proceedings 
which  have  been  described  are  devised  and  arranged  by 
the  political  parties,  and  are  not  a  part  of  the  machinery 
provided  by  law.  The  law  provides  for  the  registration 
of  voters,  for  the  times,  places,  and  manner  of  holding 
elections,  and  for  the  means  of  canvassing  the  returns, 
or  the  mode  of  determining  the  result.  It  is  by  general 
and  uniform  laws  of  the  State  that  these  questions  are 
regulated. 

147.  Registration. — In  California  it  is  required  that 
before  any  person,  otherwise  qualified  to  vote,  may  cast  his 
ballot  on  election  day,  he  shall  have  appeared  before  the 
proper  officer — a  county  clerk  or  his  deputy,  or  a  registrar 
of  voters — and  be  registered.  This  means  that  he  shall 
have  enrolled  his  name,  and  stated  such  facts  as  his  age, 
place  of  birth,  oocupation,  time  of  residence  in  the  pre- 
cinct, county,  and  State,  his  naturalization  if  a  foreign 
born  citizen,  and  so  forth.  Whoever  neglects  to  register 
himself,  although  otherwise  qualified,  is  not  allowed  to 
vote  on  election  day. 

148.  Balloting  or  Voting. — When  the  day  appointed 
by  law  has  come  around  for  the  election,  the  voters  proceed 
to  the  balloting  places,  or  polls^  assigned  for  their  election 
precinct.     These   polls  are  under  the  charge  of  officers 


GENERAL    CONSIDERATIONS.  99 

duly  appointed  according  to  law.  The  voter  deposits 
his  ticket,  or  ballot,  in  the  ballot-box.  The  object  of  the 
ballot  system  is  to  secure  secrecy  in  the  matter  of  voting, 
preventing  any  one  from  knowing  for  whom  the  voter 
casts  his  ballot,  unless  he  himself  chooses  to  tell. 

149.  The  California  Ballot  Law. — It  is  the  object 
of  the  law  to  have  elections  pure  and  fair.  But  many 
corrupt  practices  have  crept  in;  intimidation,  bribery, 
and  fraud  are  too  common.  The  ordinary  ballot  system 
has  not  been  found  to  insure  perfect  secrecy  and  inde- 
pendence in  voting.  As  an  attempt  to  correct  some  of 
these  abuses,  California,  as  also  some  other  States,  has 
adopted  a  system  which  has  been  in  use  in  the  Australian 
colonies.  The  ballots,  according  to  this  system,  are  printed 
and  distributed  at  public  expense,  and  each  ballot  con- 
tains the  names  of  all  the  candidates  of  all  the  parties. 
Opposite  the  name  of  each  candidate  is  the  name  of  his 
party — as  "  Republican,"  "  Democratic,"  "  Prohibition  " — • 
and  then  a  vacant  square.  All  the  ballots  are  in  charge 
of  the  election  officers,  and  are  not  given  out  except 
one  at  a  time  to  actual  voters.  Upon  receiving  a  ballot, 
the  voter  goes  into  an  inclosed  space  in  the  balloting 
room,  marks  crosses  in  the  squares  opposite  the  names 
he  wishes  to  vote  for,  and  then  folds  his  ballot  and  returns 
it  to  the  election  inspector,  who  drops  it  into  the  ballot- 
box.  If  the  voter  washes  to  vote  for  every  candidate 
on  any  one  of  the  party  tickets,  that  is,  does  not  wish 
to  "  scratch "  his  ticket,  he  simply  marks  a  cross  in 
a  vacant  square  opposite  the  name  of  the  party  ticket 
for  which  he  wishes  to  vote,  and  omits  it  after  the  names 
of  the  candidates.  He  is  under  the  supervision  of  the 
election  officers  all  the  time,  and  none  but  these  officers 
and  actual  voters  in  the  process  of  preparing  their  ballots 
are  allowed  within  the  balloting  room. 


100  CIVIL  GOVERNMENT. 

150.  The  Canvass. — After  the  polls  are  closed,  the 
ballots  are  counted,  or  canvassed,  by  the  election  officers. 
If  the  number  of  ballots  in  the  box  agrees  with  the  num- 
ber of  persons  marked  on  the  register  as  having  voted,  it  is 
presumed  that  no  mistake  has  been  made,  and  that  the 
election  has  been  fair.  If,  however,  there  are  more  ballots 
than  names  canceled,  in  some  States  the  election  is  de- 
clared void  and  must  be  held  over  again;  in  other  States 
a  number  of  ballots  equivalent  to  the  excess  is  taken  out 
and  destroyed.  If  the  election  is  a  local  one,  or  in  a  school 
district  or  town,  the  election  officers  count  the  votes,  and 
may  then  and  there  announce  the  result,  or  they  may 
be  required  to  make  a  return  to  the  town  trustees,  for 
instance,  who  canvass  the  returns  and  declare  the  result. 
If  it  is  a  county  election,  the  inspectors  of  each  precinct 
send  a  written  return  to  the  county  canvassers,  who,  from 
the  returns  of  all  the  precincts  of  the  county,  deter- 
mine and  declare  the  election  of  the  officers  of  the  county. 
If  it  is  a  State  election,  the  several  county  boards  of 
canvassers  send  their  returns  to  the  State  board,  who 
determine  and  announce  the  result. 

151.  Number  of  Votes  Necessary  for  Election.— 

The  general  rule  governing  elections  in  the  United  States 
is  that  the  person  receiving  a  plurality  of  the  votes  cast 
is  elected.  This  means  that  the  person  who  has  received 
a  greater  number  than  any  other  person  shall  be  con- 
sidered elected.  Where  there  are  but  two  candidates,  a 
plurality  is  necessarily  a  majority.  Where  there  are 
more  than  two  candidates,  a  plurality  may  be  a  majority 
of  all  votes  cast,  or  it  may  be  a  minority. 

152.  Contested  Elections. — Where  the  results  of  an 
election  are  disputed,  means  of  settling  the  dispute  are 
provided  by  law.  In  the  case  of  an  election  to  a  legisla- 
tive office,  the  final  decision  as  to  who  is  elected  rests  with 


GENERAL   CONSIDERATIONS.  101 

the  legislative  body  itself.*  In  other  cases,  a  candidate 
who  has  not  been  returned  by  the  canvassing  board,  but 
thinks  he  has  received  a  plurality  of  votes,  brings  suit 
in  a  court  of  law  for  a  recount  of  votes.  The  court 
examines  into  the  case,  and  decides  according  to  the 
evidence. 


CHAPTER  XV. 


TAXATION. 


153.  Reasons  for  Imposing  Taxes.— A  govern- 
ment in  order  to  exist  and  carry  out  the  purposes  of  its 
establishment  must  have  an  income.  -This  income  is 
obtained  by  taxes.  A  tax  is  a  portion  of  a  man's 
property  or  savings  taken  under  form  of  law  for  the 
support  of  the  government.  In  return,  the  government 
affords  protection  to  the  man's  person  and  property. 

154.  Purposes  of  Taxation. — The  purposes  for 
which  taxes  may  be  levied  must  be  public  in  their  nature, 
and  not  for  the  private  benefit  of  individuals.  It  may 
not  always  be  possible  to  tell  whether  a  tax  is  used  for  a 
public  purpose,  but  the  people  should  always  be  on  the 
alert  to  see  that  it  is  so  employed. 

155.  Extent  of  the  Power  of  Taxation.— The 
power  of  taxation  by  the  government  is  unlimited. 
Granted  the  right  to  tax  any  given  object,  the  tax  may 
be  made  so  great  as  to  cause  the  destruction  of  the  object. 
Thus,  at  the  beginning  of  the  Civil  War,  the  currency 
issued  by  State  banks  was  purposely  taxed  so  high  by 

*  In  England  the  determination  as  to  who  is  elected  to  a  legislative 
office,  formerly  resting  with  the  legislative  body,  is  now  given  to  the 
courts.  Such  questions  being  judicial  in  their  nature,  ought,  it  would 
seem,  to  come  before  a  court  of  law,  and  not  be  decided  by  a  large  legis- 
lative body,  where  political,  and  not  legal,  reasons  too  often  prevail. 


102  CIVIL  GOVERNMENT. 

Congress  that  it  went  out  of  existence.  This  power  of 
taxation  resides  in  both  the  federal  government  and  the 
State  governments.  The  power  to  tax  being  unlimited  in 
extent,  it  follows  that  a  State  government  may  not  tax 
the  federal  government  or  its  agencies,  nor  may  the  fed- 
eral government  tax  a  State  government  or  its  agencies; 
otherwise,  one  or  the  other  might  be  totally  destroyed. 

156.  Kinds  of  Taxes. — Taxes  are  divided  into  various 
kinds,  according  to  the  objects  on  which  they  are  laid. 
Thus,  dutiesj  or  customs  dutieSj  are  taxes  laid  on  goods 
imported  into  a  country  from  abroad.  Excises  are  taxes 
on  the  manufacture  or  consumption  of  goods  within  a 
country.  Direct  taxes  are  taxes  on  the  individual  per- 
son {poll  taxes)  or  taxes  on  land.  All  taxes  that  are  not 
direct  are  called  indirect  taxes. 

157.  State  Taxation. — The  State  depends  for  its 
revenue  almost  wholly  on  taxes  levied  on  land  and 
on  personal  property.  Some  States,  as  California,  also 
impose  a  poll  tax  on  every  male  inhabitant  between  the 
ages  of  twenty-one  and  sixty  years.  In  a  system  of  State 
taxation  the  needs  of  the  State  government  have  to  be 
provided  for,  as  also  the  needs  of  all  minor  local  divisions 
of  the  State,  as  counties,  cities,  towns,  school  districts. 
These  taxes  are  regulated  by  general  laws  of  the  State, 
but  the  collection  is  left  to  the  local  divisions. 

158.  Assessment  and  Collection. — The  income 
required  for  carrying  on  the  State  government  is  deter- 
mined by  the  State  Legislature  at  its  regular  sessions; 
that  is,  in  California,  every  two  years.  This  sum  is 
apportioned  among  the  several  counties  in  proportion  to 
the  value  of  the  property  contained  within  them.  Simi- 
larly, the  supervisors  of  each  county  in  California  decide 
each   year   the   amount   necessary  for   meeting   county 


GENERAL   CONSIDERATIONS.  103 

expenses;  and  the  town  and  city  authorities  estimate  the 
amount  necessary  for  carrying  on  their  local  governments. 
The  State  does  not  collect  its  taxes  itself.  It  leaves  it 
to  the  counties  to  assess  the  value  of  the  property  belong- 
ing to  the  property  owners  in  the  county,  and  to  collect 
the  taxes,  and  afterwards  turn  the  money  over  to  the 
State  Treasurer.  Each  county  has  its  assessor,  who  esti- 
mates the  value  of  each  man's  property,  and  its  tax 
collector,  who  collects  the  taxes  thus  assessed.  Thus,  in 
a  county  a  property  owner  pays  at  the  county  seat  two 
taxes,  which,  for  convenience,  are  added  together  and 
included  in  the  same  tax  bill — a  State  tax  and  a  county 
tax.  Then,  each  town  and  city  has  its  assessor  and  tax 
collector,  who  assesses  the  property  and  collects  the  tax 
from  the  property  owners  in  the  city  or  town  for  munici- 
pal purposes.  The  owner  of  property  in  an  incorporated 
city  or  town  thus  pays  three  taxes:  a  State,  a  county, 
and  a  municipal  tax. 

159.  Boards  of  Equalization.— Taxes  ought  to  be 
equal.  That  is  to  say,  every  person  ought  to  contribute 
to  the  expenses  of  government  according  to  the  value  of 
the  property  he  owns.  And  the  value  of  every  man's 
property  ought  to  be  estimated  on  the  same  basis.  There- 
fore, the  boards  of  supervisors  of  the  several  counties  act 
as  boards  of  equalization  for  their  respective  counties, 
and  the  boards  of  councilmen  or  trustees  in  cities  and 
towns  perform  similar  functions  for  their  local  divisions. 
And  since  there  are  so  many  different  assessors  in  a  State, 
there  must  be  much  variation  in  the  general  standard 
of  valuation.  An  attempt  is  made  in  some  States  to 
regulate  these  inequalities  by  means  of  State  boards  of 
equalization.  Thus,  in  California,  there  is  a  State  board, 
consisting  of  one  member  elected  from  each  of  four  dis- 
tricts into  which  the  State  is  divided  for  this  purpose, 


104  CIVIL  GOVERNMENT. 

together  with  the  Controller.  The  members  of  this  board 
hold  office  for  four  years.  They  visit  as  a  board,  or  by 
the  individual  members  thereof,  each  county  in  the  State 
whenever  deemed  necessary,  and  there  hear  and  decide 
complaints  that  may  be  brought  before  them  by  property 
owners  as  to  unjust  or  unequal  assessment  of  their  prop- 
erty. They  hold  regular  monthly  meetings  at  the  State 
capital,  and  from  the  first  Monday  in  August  to  the  first 
Monday  in  September  are  required  to  sit  in  daily  session. 
Their  duty  at  this  meeting  is  to  equalize  the  valuation  of 
the  taxable  property  of  the  several  counties  of  the  State. 

160.  Federal  Taxation.— This  subject  has  been  suffi- 
ciently discussed  in  Part  III. 


CHAPTER  XVI. 

THE  THREE  DEPARTMENTS  OF  GOVERNMENT. 

161.  Division  of  the  Functions  of  Government.— 
The  powers  or  functions  of  government  may  be  divided 
into  three  great  classes:  (1)  The  making  of  laws,  or  the 
legislative  class;  (2)  the  faithful  carrying  out  of  the  laws, 
or  the  executive  class;  (3)  the  application  of  laws  in  the 
settlement  of  disputes,  or  the  judicial  class.  When  all 
these  classes  of  powers  are  concentrated  in  the  hands  of 
one  person  or  body  of  persons,  an  arbitrary  and  tyran- 
nical exercise  of  them  is  mUch  easier  than  when  they 
are  distributed  among  different  bodies  of  persons.  It  is, 
therefore,  a  maxim  in  political  science  to  intrust  each  of 
these  classes  of  powers  to  a  separate  and  independent 
department  of  government.  Each  department  acts  as  a 
check  upon  the  other  departments,  and  the  liberties  of 
the  people  are  thus  much  better  guarded. 


GENERAL   CONSIDERATIONS.  105 

162.  The  Legislative  Department. — Accordingly, 
both  the  Federal  and  State  Constitutions  recognize  this 
principle,  and  provide  for  the  separation  of  government 
into  three  departments — the  legislative,  the  executive, 
and  the  judicial.  Each  of  these  departments  acts  under 
and  in  accordance  with  the  Constitution  by  which  it  is 
created.  The  function  of  the  legislative  branch  is  to 
discuss  questions  of  public  policy,  and  to  make  such 
regulations  and  laws  as  will  tend  to  promote  the  public 
welfare.  In  other  words,  it  is  the  law-making  body. 
The  law-making  body  of  the  Union  is  Congress,  and  the 
law-making  body  of  each  of  the  States  is  its  State  Legis- 
lature. Congress  is  established  by  the  Constitution  of 
the  United  States,  and  passes  laws  in  accordance  with 
the  powers  granted  to  it  by  that  document.  The  State 
Legislatures  are  established  by  the  Constitutions  of  their 
respective  States,  and  they  may  pass  laws  on  all  sVibjects, 
(1)  where  they  are  not  forbidden  by  the  Federal  Con- 
stitution; (2)  where  they  are  not  forbidden  by  the  State 
Constitution;  and  (3)  where  such  action  would  not  be 
inconsistent  with  the  powers  granted  by  the  Federal 
Constitution  to  Congress. 

163.  Division  of  the  Legislature. — In  order  to 
insure  care  and  reflection  in  the  making  of  laws,  it  is 
customary  to  divide  the  legislative  department  into  two 
branches,  or  houses.  It  is  usual  to  give  these  two  houses 
something  of  a  diflerent  basis  and  character.  And  so, 
usually,  one  of  the  two  houses  is  more  numerous  than 
the  other.  The  larger  house,  too,  is  elected  for  a  shorter 
term  than  the  smaller.  Both  Congi-ess  and  the  State 
Legislatures  are  thus  divided.  In  Congress,  there  is  the 
Senate,  composed  of  two  members  from  each  State,  elected 
by  the  State  Legislatures  and  holding  office  for  six  years; 
and  there  is  the  House  of  Representatives,  composed  of 


106  CIVIL  GOVERNMENT. 

a  number  of  members  from  each  State,  varying  according 
to  the  population  of  the  States,  elected  by  the  people  of 
the  State  and  holding  office  for  two  years.  In  the  State 
Legislature  of  California,  there  is  a  Senate,  composed  of 
forty  members,  elected  by  the  people,  one  Senator  from 
each  of  the  forty  senatorial  districts  into  which  the  State 
is  divided,  and  holding  office  for  four  years;  and  the 
Assembly,  composed  of  eighty  members,  elected  by  the 
people,  one  Assemblyman  from  each  of  the  eighty  assem- 
bly districts  into  which  the  State  is  divided,  and  holding 
office  for  two  years. 

Now,  every  measure  proposed  in  either  of  these  two 
houses,  the  Senate  and  the  House  of  Representatives  in 
Congress,  or  the  Senate  and  Assembly  in  the  State  Legis- 
lature, after  having  passed  the  house  in  which  it  is  first 
proposed,  must  pass  the  other  house  also.  The  purpose 
of  this  arrangement  is  to  secure  as  thorough  deliberation 
as  possible  on  every  measure  that  is  considered  by  the 
legislative  body  before  it  shall  become  a  law  of  the  State 
or  nation. 

164.  The  Executive  Department.— The  legislative 
body  does  not  execute  the  laws  which  it  has  made;  it 
directs  what  is  to  be  done,  and  the  manner  in  which  it 
is  to  be  done,  and  then  leaves  the  actual  carrying  out  of 
its  acts  to  the  executive  department.  The  discussing 
and  framing  of  measures  for  the  public  welfare  requiring 
deliberation  and  interchange  of  opinion,  the  legislative 
body  is  composed  of  a  large  number  of  members.  The 
enforcing  of  the  laws  requiring  promptness  and  energy, 
this  executive  duty  is  intrusted  to  a  single  officer,  who 
is  assisted,  of  course,  by  a  vast  number  of  subordinate 
officials.  The  national  executive  is  the  President;  the 
State  executive,  the  Governor;  and  the  city  executive, 
the  Mayor. 


GENERAL   CONSIDERATIONS.  107 

165.  The  Judicial  Department.— The  majority  of 
the  laws  made  by  the  Legislature  are  for  the  purpose 
of  defining  and  regulating  the  rights  of  individuals  as 
between  themselves,  and  the  defining  and  punishing  of 
offenses  against  the  public  peace  and  order.  Authorities 
must,  consequently,  be  provided,  whose  duty  it  shall  be 
to  decide  questions  of  dispute  that  may  arise  between 
individuals  as  to  what  are  their  respective  rights  under 
the  law,  and  to  decide  whether  a  person  charged  with  a 
public  offense  has  in  fact  committed  the  offense  or  has 
broken  the  law.  These  things  involve  an  inquiry  into 
the  meaning  of  the  law  and  the  applying  of  the  law  to 
particular  cases.  These  duties,  of  deciding  controversies, 
administering  justice,  interpreting  and  applying  the  law, 
belong  to  the  judicial  department  of  the  government. 
This  judicial  department  consists  of  the  courts  of  the 
State  or  of  the  nation,  presided  over  by  their  respective 
judges. 

166.  Unconstitutional  Legislation.— The  Constitu- 
tion of  the  State  and  the  Constitution  of  the  United  States 
are  the  supreme  law.  Congress  may  pass  laws  only  upon 
subjects  over  which  it  is  given  power  by  the  Federal 
Constitution.  The  Legislature  of  the  State  is  restrained 
by  both  the  Federal  and  State  Constitutions  from  making 
laws  in  certain  cases.  Therefore,  in  the  discharge  of  the 
duties  above  mentioned,  the  courts  may  have  to  decide 
the  question  whether  an  act  or  law  of  Congress  is  within 
the  powers  given  to  Congress  by  the  Federal  Constitution, 
or  whether  an  act  or  law  of  a  State  Legislature  is  incon- 
sistent either  with  the  State  Constitution  or  the  Federal 
Constitution,  or  with  the  grant  of  powers  to  Congress.  If 
the  court  finds  that  an  act  of  Congress  was  not  author- 
ized by  the  powers  given  to  Congress  in  the  Constitution, 
or  that  an  act  of  the  Legislature  is  inconsistent  with  the 


108  CIVIL  GOVERNMENT. 

provisions  of  either  the  Federal  or  the  State  Constitution, 
it  must  decide  that  the  act  was  no  law,  or,  as  it  is  usually 
termed,  was  unconstitutional. 


CHAPTER  XVII. 

THE   NATURE    OF    LOCAL   GOVERNMENT. 

167.  Local  Self-Government. — It  is  one  of  the 
distinguishing  marks  of  the  American  form  of  govern- 
ment, following  in  this  the  English  example,  that  the 
preservation  of  health  and  order,  the  protection  of 
life  and  property,  the  actual  administration  of  the  law 
of  the  State  in  nearly  all  that  concerns  the  safety,  peace, 
comfort,  and  happiness  of  the  citizens,  is  left  to  local 
authorities  elected  by  the  people  of  the  local  community. 
In  the  people  of  the  State  as  a  whole  resides  the  ultimate 
power  and  authority,  limited  only  by  the  Constitution  of 
the  United  States  and  by  that  greater  power  which  re- 
sides in  the  people  of  the  whole  Union  as  a  nation.  But 
the  people  of  all  the  States,  in  framing  their  Constitu- 
tions and  establishing  their  governments,  have  every- 
where, in  accordance  with  the  instinct  and  traditions  of 
the  English- American  race,  made  provision  for  a  system 
of  local  self-government.  The  people  of  each  county,  or 
township,  or  city,  elect  their  own  officials  for  the  applica- 
tion of  the  law  and  the  administration  of  the  affairs  of 
the  community.  The  State  officers  have,  in  general,  no 
supervision  of  these  local  officers,  and  the  latter  are  not 
responsible  to  the  former,  but  solely  to  the  people  of  the 
district  by  whom  they  have  been  elected. 

168.  Local  Divisions  of  the  State. — The  names  of 
the  local  divisions  of  the  State  differ  somewhat  in  differ- 
ent States  of  the  Union,  and  the  distribution  of  functions 


GENERAL   CONSIDERATIONS.  ,  109 

among  such  divisions  varjes.  All  of  the  States,  however, 
are  divided  into  civil  divisions,  called  counties,  except 
Louisiana,  where  the  parish  takes  the  place  of  the  county. 
The  county  may  be  considered  the  primary  division  in 
California.  The  counties,  again,  are  subdivided  into 
townships  and  school  districts.  Within  the  county,  too, 
may  be  established,  formerly  by  special  charter  granted 
by  the  Legislature,  now  under  a  general  law,  incorporated 
cities  and  towns.  The  county  always  exists  with  its  corps 
of  officers.  The  township  and  school  district  sometimes 
become  absorbed  in  the  town  or  city;  sometimes,  however, 
they  continue  in  existence  as  separate  divisions,  with  their 
own  officers,  even  when  a  town  may  have  grown  up  within 
them.  And,  of  course,  the  township  may  include  several 
towns  within  its  borders.  Sometimes,  as  in  the  case  of 
San  Francisco,  the  limits  of  the  county  and  city  coincide, 
and  there  is  a  consolidated  government  of  city  and  county 
officials. 

169.  Duties  of  Local  Government.— Having  ob- 
tained this  general  view  of  the  local  divisions  in  a  State, 
we  will  now  see  what  are  in  general  the  duties  of  local 
government.  These  functions  of  local  government  are 
the  administration  of  justice  in  all  cases  except  those 
that  come  before  the  Supreme  Court,  the  establishment 
of  police  and  sanitary  regulations,  the  licensing  of  trades, 
the  support  and  management  of  schools,  the  assessment 
and  collection  of  taxes,  the  construction  and  mainte- 
nance of  roads,  bridges,  and  public  buildings,  such  as 
court-houses,  city  halls,  school-houses,  hospitals,  jails; 
the  care  of  the  poor;  in  short,  they  embrace  everything 
coming  under  the  control  of  government  that  tends  to 
the  protection  and  improvement  of  the  citizens  of  the 
community.  The  distribution  of  these  functions  among 
county,  township,  town,  or  city  governments  is  purely 


110  CIVIL  GOVERNMENT. 

a  matter  of  convenience,  and  is  regulated  by  general  laws 
of  the  State  Legislature. 

170.  Methods  of  Local  Government. — The  opera- 
tion of  local  government  is  in  accordance  with  the  direc- 
tions of  the  general  laws  of  the  State.  Consequently,  there 
is  less  call  for  a  strict  division  of  local  officials  into  the 
three  departments  of  legislative,  executive,  and  judicial. 
The  legislation  needed  for  the  county  has  already  in  large 
part  been  accomplished  by  the  general  laws  of  the  State. 
The  judicial  officers  administer  these  general  laws, 
and  are  thus  really  a  part  of  the  judicial  department 
of  the  State.  The  principle  of  local  self-government, 
however,  is  carried  out  in  their  case  by  having  the 
judges  elected  by  the  people  of  the  local  districts,  and 
by  having  them  administer  justice  between  the  resi- 
dents of  the  local  district.  Most  of  the  duties  of  local 
government  are  executive  or  administrative  in  their 
character,  requiring  the  application  of  general  laws  to 
local  circumstances.  But  there  is  also  some  field  for 
local  legislation.  And  the  legislative  bodies  of  the  local 
divisions  of  the  State,  called  boards  of  supervisors, 
councilmen  or  town  trustees,  boards  of  education  or 
school  trustees,  have  authority  to  pass  any  laws  that 
may  be  necessary  in  the  discharge  of  their  duties,  under 
the  names  of  ordinances,  by-laws,  rules  and  regulations, 
which  are  not  inconsistent  with  the  general  laws  of  the 
State. 


CHAPTER  XVIII. 

THE    NATURE    OF    STATE   GOVERNMENT. 

171.  Position  of  the  States  in  the  Federal  Union. 

The   Federal   Constitution   recognized  the  existence   of 
the  thirteen  original   States.     It  was  by  the  people  of 


GENERAL   CONSIDERATIONS.  Ill 

these  states  that  the  Constitution  of  the  United  States 
was  adopted.  This  Constitution  provided,  further,  for 
the  formation  and  admission  of  new  States  into  the 
Union.  As  we  know,  the  number  of  these  States  has 
been  so  increased  that  there  are  now  forty-four  States  as 
constituent  members  of  this  Union.  This  Constitution, 
again,  by  its  tenth  amendment,  declares  that  "the  powers 
not  delegated  to  the  United  States  by  the  Constitution, 
nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people."  What  the  powers 
are  that  are  "delegated  to  the  United  States"  we  saw  in 
Part  III.  We  may  say  here,  however,  that  they  are  only 
such  powers  as  are  necessary  for  the  existence,  preserva- 
tion, and  well-being  of  the  nation  as  such.  And  the 
powers  which  are  "prohibited  to  the  States"  are  only 
such  as  would,  if  exercised  by  a  State  government,  tend 
to  interfere  with  the  successful  working  of  the  national 
government.  All  other  powers  are  "reserved  to  the 
States  or  to  the  people." 

172.  Powers  Prohibited  to  the  States. — The  powers 
which  the  Constitution  of  the  United  States  forbids  the 
States  to  exercise  are  the  following:  No  State  shall  enter 
into  any  treaty,  alliance,  or  compact;  grant  letters  of 
marque  and  reprisal;  coin  money;  emit  bills  of  credit; 
make  anything  but  gold  and  silver  coin  a  tender  in  pay- 
ment of  debts;  pass  any  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  contracts,  or  grant 
any  title  of  nobility.  No  State  shall,  without  the  consent 
of  Congress,  lay  any  duties  on  imports  or  exports,  or  any 
duty  of  tonnage;  keep  troops  or  ships  of  war  in  time  of 
peace;  enter  into  any  agreement  with  another  State  or 
with  a  foreign  power;  engage  in  war  unless  actually 
invaded  or  in  such  imminent  danger  as  to  admit  of  no 
delay. 


112  CIVIL  GOVERNMENT. 

173.  Powers  Reserved  to  the  States.— "  Compared 
with  the  vast  prerogatives  of  the  State  Legislatures,  these 
limitations  seem  small  enough.  All  the  civil  and  relig- 
ious rights  of  our  citizens  depend  upon  State  legislation; 
the  education  of  the  people  is  in  the  care  of  the  States; 
with  them  rests  the  regulation  of  the  suffrage;  they  pre- 
scribe the  rules  of  marriage,  the  legal  relations  of  husband 
and  wife,  of  parent  and  child;  they  determine  the  powers 
of  masters  over  servants,  and  the  whole  law  of  principal 
and  agent,  which  is  so  vital  a  matter  in  all  business 
transactions;  they  regulate  partnership,  debt  and  credit, 
and  insurance;  they  constitute  all  corporations,  both 
private  and  municipal,  except  such  as  specially  fulfill 
the  financial  or  other  specific  functions  of  the  federal 
government;  they  control  the  possession,  distribution, 
and  use  of  property,  the  exercise  of  trades,  and  all  con- 
tract relations;  and  they  formulate  and  administer  all 
criminal  law,  except  only  that  which  concerns  crimes 
committed  against  the  United  States,  on  the  high  seas, 
or  against  the  laws  of  nations.  Space  would  fail  in 
which  to  enumerate  the  particulars  of  this  vast  range 
of  power;  to  detail  its  parts  would  be  to  catalogue  all 
social  and  business  relationships,  to  examine  all  the 
foundations  of  law  and  order."  *  The  sovereign  character 
maintained  by  a  State  is  shown  in  the  fact  that  a  State, 
by  its  Constitution,  refuses  to  permit  itself  to  be  sued  by 
a  private  individual  in  the  federal  courts  or  except  by 
special  concession  in  the  State  courts. 

174.  State  Constitutions. — Now,  the  exercise  of  the 
powers  of  the  State  is  provided  for  in  the  State  Constitu- 
tion. The  Constitution  of  a  State  is  formed  by  delegates 
of  the  people  of  the  State  meeting  in  a  convention. 
After  the  Constitution  is  thus  framed,  it  is  submitted  to 

*  Wilson,  The  State,  p.  437. 


GENERAL   CONSIDERATIONS.  113 

the  vote  of  the  qualified  electors  of  the  State  and  adopted 
by  them.  It  thus  rests  for  its  authority  on  the  voice  of 
the  people,  and  is  a  permanent  expression  of  the  will  of 
the  people.  It  establishes  the  framework  of  the  govern- 
ment. It  provides  for  a  legislative  department  for  the 
making  of  laws  on  the  whole  vast  range  of  powers  left 
with  the  States.  It  provides  for  an  executive  department 
for  enforcing  the  laws,  and  a  judicial  department  for 
their  interpretation  and  application.  It  enumerates  the 
more  important  rights  of  the  people.  It  prescribes  the 
qualifications  for  suifrage.  It  organizes  the  State  into 
local  districts,  such  as  counties,  and  provides  for  the 
incorporation  of  cities  and  towns. 


CHAPTER  XIX. 

THE   FORM   AND   NATURE   OF  GOVERNMENT    IN   THE    UNITED 

STATES. 

175.  Meaning  of  Government. — What  we  mean  by 
government  is  the  ruling  power  in  a  State  or  nation.  And 
by  ruling  power  we  mean  the  authorities  in  whom  is 
intrusted  by  law  the  power  to  regulate  the  general  aftairs 
of  the  people,  in  order  that  the  purposes  of  government 
may  be  carried  out. 

176.  Different  Forms  of  Government. — Govern- 
ment may  have  various  forms.  These  forms,  of  which  only 
the  three  principal  ones  need  be  mentioned,  are  distin- 
guished from  one  another  by  the  number  and  character 
of  the  persons  constituting  the  ruling  power.  Thus  ( 1 ) ,  a 
monarchy  is  the  form  of  government  where  one  person 
holds  the  ruling  power;  (2)  an 'aristocracy  is  a  form 
of  government  where  a  particular  class  of  the  population, 
relatively  small  in  number,  conducts  the  ruling  power; 
and  (3)  a  democracy  is  a  form  of  government  where 

8— CO 


114  CIVIL  GOVERNMENT. 

the  whole  population,  or  a  majority,  or,  at  least,  a  rela- 
tively large  proportion  of  the  population,  holds  the  ruling 
power. 

177.  A  Representative  Democracy,  or  Republic. 
Now,  the  government  of  the  United  States  is  a  demo- 
cratic form  of  government.  That  is  to  say,  the  deter- 
mination of  the  conduct  of  the  general  affairs  of  the 
people  lies  with  the  majority  of  the  people  themselves. 
But  it  is  impossible  that  the  people  should  be  able  them- 
selves, directly,  to  attend  to  the  vast  number  of  public 
questions  that  arise.  Consequently,  they  choose  agents 
or  representatives  to  attend  to  these  public  questions  for 
them.  The  form  of  government  of  the  United  States 
then  becomes  known  as  a  representative  democracy,  or 
republic.  This  means  that  the  people  themselves  choose 
their  agents  or  representatives,  and  that  these  representa- 
tives attend  to  the  affairs  that  constitute  the  purposes 
of  government,  but  that  the  people  do  not  undertake  to 
manage  these  affairs  directly.  The  people  having  estab- 
lished the  form  of  government,  all  power  rests  ultimately 
with  the  people,  but  the  work  of  carrying  on  the  daily 
affairs  of  government  they  intrust  to  their  representa- 
tives. By  accepting  the  offices  of  government,  these 
agents  or  representatives  become  responsible,  for  the 
proper  discharge  of  their  duties,  to  the  people  who 
elected  them. 

178.  A  Federal  Republic. — But  this  is  not  all.  There 
is  a  further  division  of  labor  in  the  government  of  the 
country.  The  existence  of  '^ States"  is  recognized,  and 
each  of  these  States  has  within  itself  a  government. 
These  two  governments,  one  of  the  State  and  one  of  the 
nation,  supplement  each  other,  and  together  make  one 
complete  government.  This  result  of  making  these  two 
governments  fit  into  each  other,  together   making   one 


GENERAL   CONSIDERATIONS.  115 

complete  government,  is  accomplished  by  giving  to  the 
national  government,  through  the  Constitution  of  the 
United  States,  only  the  powers  that  are  necessary  for 
preserving  the  nation  as  such  and  promoting  its  general 
interests.  All  other  matters  are  left  to  the  State  gov- 
ernments. These  State  affairs  do  not  concern  the  nation 
as  such,  but  refer  to  such  things  as  the  protection  of  the 
life  and  property  of  individuals,  and  the  regulation  of 
the  rights  and  relations  of  individuals  to  each  other. 
The  national  government,  as  to  the  powers  which  are 
confided  to  it,  exercises  them  over  the  whole  nation ;  any 
particular  State  government  exercises  its  powers  only 
within  the  boundaries  of  the  State.  There  are  forty-four 
State  governments;  there  is  but  one  national  government. 
Now,  this  division  of  the  functions  of  government 
between  the  national  and  State  governments,  gives  a 
new  character  to  our  form  of  government.  This  char- 
acter is  expressed  by  the  term  federal.  The  application 
of  this  term  federal  to  a  government  signifies  that  it  is 
an  indissoluble  union  of  States,  whereby  the  powers  that 
are  national  in  their  character  are  intrusted  to  one,  the 
national  government,  and  other  powers  are  reserved  to 
the  other,  or  State  governments.  So,  to  make  a  complete 
description  of  our  form  of  government,  we  shall  have  to 
say  that  it  is  a  federal  representative  democracy,  or  federal 
republic.  By  saying  that  it  is  a  democracy,  we  mean  that 
the  power  of  governing,  or  determining  the  manner  of 
governing,  lies  with  the  people.  Thus,  the  people  of  all 
the  States  adopted  the  Constitution  of  the  United  States, 
the  instrument  which  determines  the  mode  in  which  the 
government  of  the  United  States  shall  be  carried  on;  and 
the  people  of  all  the  States  choose,  from  time  to  time,  the 
President  and  the  Congress  of  the  United  States  as  their 
agents  or  representatives  for  carrying  on  the  government; 
that  is,  for  managing  the  affairs  of  the  nation.    Likewise, 


116  CIVIL  GOVERNMENT. 

the  people  of  each  State  adopt  the  Constitution  of  that 
State,  the  instrument  which  determines  how  the  govern- 
ment of  the  State  is  to  be  carried  on;  and  the  people  of 
each  State  choose,  from  time  to  time,  the  Governor  and 
Legislature  of  the  State  as  their  agents  or  representatives 
for  carrying  on  the  actual  affairs  of  the  government  of 
the  State.  Then,  by  saying  that  it  is  a  representative 
democracy,  or  republic,  we  mean  that  the  people  do  not 
carry  on  the  daily  affairs  of  the  government  themselves, 
but  do  themselves  choose  agents  or  representatives  for 
this  purpose.  And  by  saying  that  it  is  a,  federal  republic, 
we  mean  that  the  functions  or  powers  of  government 
are  divided  between  a  national  government  and  State 
governments. 

179.  The  Union  Indestructible.— Take  away  these 
State  governments,  destroy  the  States  themselves,  and  the 
republic  will  no  longer  be  federal.  On  the  other  hand, 
again,  hy  federal  is  meant  that  the  States  making  up  the 
Union  cannot  exist  except  as  parts  of  the  Union.  The 
people  of  any  one  State  are  a  part  of  the  people  of  the 
whole  United  States.  The  people  of  all  the  States,  that 
is,  of  the  whole  United  States,  have  declared  that  those 
affairs  which  concern  the  whole  nation  shall  be  managed 
by  the  representatives  of  the  whole  nation;  or,  in  other 
words,  by  the  national  or  federal  government;  and,  at 
the  same  time,  they  have  declared  that  the  affairs  which 
concern  the  people  in  other  respects,  or,  their  local  affairs, 
shall  be  left  to  be  dealt  with  by  the  people  of  the  several 
States.  The  perpetuity  of  the  Union  is  thus  guaranteed; 
and  the  preservation  of  the  States  is  equally  well  guarded. 
As  the  Supreme  Court  of  the  United  States  has  said,  the 
United  States  is  "  an  indestructible  Union  of  indestructi- 
ble States." 


GENERAL   CONSIDERATIONS.  117 

CHAPTER  XX. 

THE   ELEMENTS    OF    CIVIL    LIBERTY. 

§1.  The  Relations  between  the   Government  and  the 
Individual. 

180.  Rights  and  Duties  between  Individuals. — 
The  primary  function  or  duty  of  government  is  to  protect 
each  individual  in  the  enjoyment  of  his  rights.  To  do 
this  it  must  require  of  each  individual  the  performance 
of  certain  duties.  Therefore,  the  government  must  re- 
quire of  each  man  the  performance  of  such  duties  as  are 
a  condition  of  the  enjoyment  of  his  rights.  Society  is 
founded  on  a  mutual  give  and  take.  The  supposition  is 
that  each  individual  shall  render  to  his  fellow  men  an 
equivalent  for  what  he  receives  from  them. 

The  obligations  which  a  man  is  required  to  observe 
are,  for  the  most  part,  negative  in  their  character.  So 
long  as  he  does  not  interfere  with  the  enjoyment  of 
other  persons'  rights,  no  active  duties  are  required  of 
him.  But  if  he  does  trespass  upon  the  rights  of  another 
person,  then  it  is  the  function  of  government  to  correct 
that  interference  so  far  as  it  may  be  able,  and  to  take 
steps,  by  the  punishment  of  the  offender,  to  prevent  a 
recurrence  of  the  wrong. 

181.  Rights  and  Duties  between  Government 
and  Individuals. — Government  being  thus  an  institu- 
tion for  the  protection  of  rights,  a  relation  arises  between 
the  government  and  each  individual.  There  are  rights 
which  the  government  has  against  the  individual,  and 
there  are  duties  which  the  government  owes  to  him.  In 
like  manner  each  individual  has  rights  against  the 
government,  and  to  the  government  he  owes  certain 
duties. 


118  CIVIL  GOVERNMENT. 

182.  Rights  of  the  Government.— As  between  the 
government  and  the  individual,  the  principal  right  which 
the  government  has  is  to  the  payment  of  the  taxes  which 
are  necessary  for  the  carrying  out  of  its  purposes.  And 
the  principal  duty  of  the  individual  is  the  payment 
of  these  taxes.  There  is  also  the  right  of  the  govern- 
ment, in  its  hour  of  peril,  to  demand  the  services  of  all 
able-bodied  men  for  its  defense  and  preservation,  and 
there  is  the  duty  on  the  part  of  such  persons  to  respond 
to  this  call.  Furthermore,  in  a  free  country  like  ours, 
these  duties  of  the  individual  go  farther,  and  it  is  a 
moral  obligation  of  the  highest  kind  for  each  individual 
to  take  a  keen  interest  in  the  honor,  integrity,  and  well- 
being  of  the  government,  and  of  each  voter  to  exercise  his 
right  of  selecting  the  officers  of  the  government  and  of 
thereby  directing  the  policy  of  the  country. 

183.  Duties  of  the  Government. — The  chief  duty 
which  the  government  owes  to  the  individual  is  the  assur- 
ance to  him  of  the  largest  amount  of  liberty  consistent 
with  the  liberty  of  other  individuals.  This  main  duty 
of  the  government  consists  in  protecting  the  individual 
against  the  unlawful  acts  of  other  persons  and  also 
against  the  illegal  or  tyrannical  acts  of  the  agents  of  the 
government  itself. 

Now,  we  think  that  in  the  United  States,  under  the  two 
Constitutions  that  govern  each  person,  the  Constitution 
of  the  United  States  and  the  Constitution  of  his  own 
State,  each  individual  is  better  protected  in  his  rights, 
that  is,  has  a  larger  amount  of  liberty,  than  the  indi- 
vidual has  in  other  countries.  In  this  chapter  we  shall 
seek  to  find  out  what  are  the  principal  rights  which  our 
Constitutions  guarantee  us,  and  how  it  happened  that 
these  Constitutions  could  and  did  provide  for  the  security 
of  these  rights. 


GENERAL   CONSIDERATIONS.  119 

§  2.  History  of  Personal  Rights  in  England. 

184.  Relation  between  English  and  American 
History. — We  know  that  the  history  of  the  United 
States  is  very  closely  connected  with  the  history  of  En- 
gland. We  know  that  Americans  and  Englishmen  belong 
to  the  same  race.  We  know  that  the  strip  of  Atlantic  sea- 
board from  which  has  been  developed  our  great  American 
territory  was  peopled  by  Englishmen,  and  once  formed 
part  of  the  British  Empire.  All  the  laws  and  institu- 
tions of  English  America  were  in  the  first  place  brought 
by  our  forefathers  from  England.  Planted  in  a  new 
soil,  far  away  from  the  mother  country,  these  laws  and 
institutions,  retaining  still  a  likeness  to  the  institutions 
of  England,  formed  a  growth  of  their  own.  And  so, 
although  it  has  its  roots  deep  down  in  English  history, 
the  tree  which  shelters  us  is  truly  American.  We  ought 
never  to  forget  that  the  reason  why  this  tree  of  freedom 
is  so  vigorous,  the  reason  why  it  has  been  able  to  extend 
its  branches  so  far  as  to  cover  and  protect  us  all,  the 
reason  why  it  has  withstood  the  many  storms  that  have 
assailed  it,  is  because  it  has  its  roots  so  deeply  imbedded 
in  the  history  of  our  race. 

185.  The  Chief  Personal  Rights.— The  rights  which 
are  generally  regarded  as  of  the  first  importance,  and 
which  the  government  guarantees  to  all  persons  com- 
posing the  nation,  are  commonly  called  the  right  of 
personal  security,  the  right  of  personal  liberty,  the  right 
of  enjoying  private  property,  and  the  right  of  religious 
belief  and  worship. 

186.  Tendency  of  Government  to  become  Tyran- 
nical.— We  may  consider  it  the  object  of  all  governments 
to  protect  the  people  in  the  enjoyment  of  these  rights. 
Yet  history  shows  us  that  it  is  the  tendency  of  nearly  all 
governments  to  violate  or  avoid  their  duties  and  to  over- 


120  CIVIL  GOVERNMENT. 

ride  or  neglect  the  rights  of  the  people.  The  tendency 
to  become  tyrannical  has  been  shown  in  English  history 
as  well  as  in  the  history  of  other  countries.  The  kings 
gathered  into  their  hands  all  authority,  exercising  it 
arbitrarily,  and  violating  the  rights  of  the  people.  The 
people  claimed  that  they  ought  by  law  to  have  the  enjoy- 
ment of  their  personal  rights;  but  the  kings  continually 
disregarded  their  remonstrances. 

187.  Restraints  upon  the  Government.— The  first 
climax  came  in  1215.  Beginning  with  the  Magna  Charta 
of  that  date,  along  from  generation  to  generation,  as  great 
landmarks  in  English  history,  we  find  the  kings  and 
Parliaments  making  written  acknowledgments  of  these 
rights  of  the  people. 

These  written  compacts  between  the  kings  and  the 
people  are  limitations  upon  the  powers  of  the  government 
and  are  guarantees  of  the  rights  of  the  people.  They  are 
really  fragmentary  parts  of  a  Constitution. 

Some  account  of  these  safeguards  of  liberty  will  show 
us  the  origin  of  many  of  the  most  valued  of  our  American 
rights. 

188.  Magna  Charta. — The  Magna  Charta  was  ex- 
torted from  King  John  in  1215  by  the  barons  of  England. 
The  body  of  the  people  had  not  reached  a  high  enough 
stage  of  education,  independence,  and  union  to  assert 
their  rights  for  themselves.  This  venerable  and  famous 
document  acknowledges  and  guarantees  the  following 
rights: 

No  tax  should  be  levied  without  the  authority  of  a 
great  council  summoned  by  the  king.  This  council  grew 
into  the  Parliament  of  England,  and  is  the  remote 
ancestor  of  our  American  Congress  and  our  own  State 
Legislature.  By  this  provision  the  power  of  taxation 
was  committed  to  Parliament.     This  power  is  the  key 


GENERAL   CONSIDERATIONS.  121 

to  all  other  powers,  and  it  opened  to  Parliament  the 
door  to  complete  control  of  the  government.  In  this 
provision  of  Magna  Charta  we  have,  too,  the  assertion 
of  the  principle  that  taxes  are  only  to  be  levied  by  the 
representatives  of  the  people.  The  violation  of  this 
principle  by  the  English  government  was  one  of  the 
chief  causes  of  the  American  war  of  independence. 

Merchants  were  to  be  allowed  to  carry  on  their  busi- 
ness without  being  subject  to  arbitrary  licenses  and  tolls 
imposed  by  the  king. 

All  freemen  were  to  be  allowed  to  go  out  of  the  country 
and  return  to  it  at  pleasure. 

A  man  might  dispose  of  his  property  by  will  in  such 
manner  as  he  saw  fit.  In  case  a  man  died  without 
making  a  will,  his  property  should  go  to  his  legal  heirs. 

The  king's  officers  were  prohibited  from  taking  a  man's 
property  without  his  consent.  Courts  of  justice  were  to 
remain  in  fixed  and  known  spots,  and  were  not  to  be 
moved  about  the  country  to  suit  the  pleasure  of  the  king. 
They  were  to  be  open  to  every  one  without  fear  or  favor, 
and  justice  was  no  longer  to  be  refused  or  delayed.  No 
one  was  to  be  put  on  trial  from  mere  rumor  or  suspicion, 
but  only  upon  the  evidence  of  lawful  witnesses. 

Excessive  fines  were  forbidden.  They  were  to  be  in 
proportion  to  the  fault  committed,  and  no  man  was  to  be 
utterly  ruined  by  a  fine. 

And,  most  important  of  all,  no  freeman  was  to  be 
arrested,  or  imprisoned,  or  deprived  of  his  property,  or 
outlawed,  or  banished,  or  suffer  injury  of  any  kind, 
except  by  the  lawful  judgment  of  his  peers  (jury)  or  in 
accordance  with  the  law  of  the  land. 

The  tendency  to  disregard  these  provisions  of  Magna 
Charta  was  so  great  that  later  kings  of  England  were 
compelled  to  ratify  them  as  many  as  thirty  times.  They 
form  the  basis  of  our  personal  and  political  liberty. 


122  CIVIL  GOVERNMENT. 

The  more  important  of  the  acknowledgments,  in  sub- 
sequent years  in  England,  of  the  rights  of  the  people  are 
the  Petition  of  Right,  the  Habeas  Corpus  Act,  the  Bill 
of  Rights,  and  the  Act  of  Settlement. 

189.  The  Petition  of  Right.— The  Petition  of  Right, 
passed  by  Parliament  in  1628,  declared  that  all  loans 
extorted  from  the  people  by  the  king,  all  taxes  levied 
without  the  consent  of  Parliament,  all  arbitrary  arrests 
and  imprisonments,  the  quartering  of  soldiers  on  private 
citizens,  trials  and  condemnations  by  martial  law,  were 
illegal  and  tended  to  overthrow  the  rights  of  the  people 
and  the  fundamental  laws  of  the  country. 

190.  The  Habeas  Corpus  Act.  —  The  kings  had 
caused  the  guarantees  of  the  Magna  Charta  and  the  Peti- 
tion of  Right  to  be  disregarded  by  denying  any  redress 
to  persons  who  had  been  imprisoned,  no  matter  how 
unjustly,  by  the  king's  officers..  The  Habeas  Corpus 
Act,  passed  during  the  reign  of  Charles  II.,  was  intended 
to  correct  this  abuse  and  to  afford  the  means  of  release 
in  case  of  illegal  imprisonment. 

The  writ  of  habeas  corpus,  provided  for  by  this  Act,  is 
an  order  from  a  judge  to  an  officer  who  holds  a  person  in 
custody,  to  bring  the  prisoner  into  court  on  a  certain  day. 
The  judge  then  examines  into  the  matter  and  decides 
whether  the  person  has  been  rightfully  or  wrongfully 
arrested.  If  he  finds  him  to  have  been  wrongfully 
deprived  of  his  liberty,  he  orders  him  to  be  set  free;  but 
if  he  finds  him  to  have  been  rightfully  detained,  he  has 
him  sent  back  to  prison. 

191.  The  Bill  of  Rights  and  the  Act  of  Settle- 
ment, enacted  by  Parliament  in  the  reign  of  William 
III.,  repeated  the  declarations  of  the  previous  statutes, 
adding  some  others. 


GENERAL   CONSIDERATIONS.  123 

192.  America  Learns  England's  Lesson.  — This 

series  of  great  laws  passed  from  time  to  time  by  the  Par- 
liament of  England  make  up  the  important  part  of  what 
may  be  called  the  Constitution  of  England.  It  formed 
part  of  the  common  law  of  England,  and  was,  therefore, 
the  law  of  the  colonies  in  America.  The  lesson  to  be 
learned  from  this  history  is  that  England  found  it  neces- 
sary to  have  these  great  laws  enacted  in  order  to  have 
the  liberties  of  the  people  protected.  Consequently, 
when  the  Americans  declared  themselves  independent 
and  found  it  necessary  to  establish  a  government,  they 
decided  to  make  a  Constitution  which  should  be  the 
supreme  law  of  the  land,  and  w^hich  should  declare  just 
what  the  officers  of  the  government  might  do  and  what 
they  might  not  do. 

§  3.  Protection  of  Personal  Rights  in  the  United  States. 

193.  Constitutional  Guarantees. — The  operation 
of  the  Constitution  itself  is  to  restrain  the  action  of  the 
government  within  certain  definite  limits.  But  besides 
this  general  mode  of  setting  barriers  to  the  possible 
tyrannical  action  of  the  government,  the  Constitution 
proceeds* in  divers  places  to  define  and  guarantee  the 
rights  which  English  history  had  taught  were  peculiarly 
liable  to  abuse.  The  Constitutions  of  the  several  States 
reinforce  these  securities  with  additional  bulwarks. 

Thus,  the  Constitution  of  the  State  of  CJalifornia  de- 
clares the  existence  of  these  rights  in  these  words:  "All 
men  are  by  nature  free  and  independent,  and  have  certain 
inalienable  rights,  among  which  are  those  of  enjoying 
and  defending  life  and  liberty;  acquiring,  possessing, 
and  protecting  property;  and  pursuing  and  obtaining 
safety  and  happiness."  The  Federal  Constitution  insures 
the  security  of  these  rights  by  declaring  that  "  no  person 


124  CIVIL  GOVERNMENT. 

shall  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law." 

194.  Right  of  Personal  Security. — Under  the  right 
of  personal  security  are  included  security  of  life,  of  body 
and  limb,  and  of  reputation.  No  man  shall  be  deprived 
of  these  without  due  process  of  law.  This  means  that 
no  person  may  be  held  for  a  capital  offense,  or  for  any 
offense  above  the  common-law  degree  of  larceny,  except 
upon  the  presentment,  or  indictment,  of  a  grand  jury, 
or  the  regular  mode  provided  by  law.  In  criminal  trials 
the  accused  shall  be  entitled  to  a  speedy  and  public  trial 
by  an  impartial  jury  of  the  State  and  district  in  which 
the  crime  shall  have  been  committed.  He  shall  be 
informed  of  the  nature  and  cause  of  the  accusation.  He 
shall  be  confronted  by  the  witnesses  who  testify  against 
him;  he  may  compel  the  attendance  of  witnesses  in  his 
favor;  and  he  shall  not  be  compelled  to  be  a  witness 
against  himself.  Excessive  bail  shall  not  be  required, 
nor  excessive  fines  imposed.  Cruel  and  unusual  punish- 
ments shall  not  be  inflicted.  No  man  shall  be  twice  put 
in  jeopardy  of  his  life  for  the  same  offense;  that  is  to 
say,  if,  after  a  proper  trial  before  a  proper  tribunal,  he 
has  been  acquitted  or  not  convicted,  he  shall  not  be  put 
on  trial  again  for  the  same  offense. 

195.  Right  of  Personal  Liberty. —The  right  of  freely 
moving  from  place  to  place  according  to  one's  inclina- 
tion is  a  right  of  the  highest  importance.  The  writ  of 
habeas  corpus  affords  a  means  of  speedy  redress  for  any 
violation  of  this  right. 

As  a  further  means  of  securing  the  freedom  of  the 
individual,  the  Constitution  prohibits  the  quartering  of 
soldiers  in  any  house  in  time  of  peace  without  the 
owner's  consent,  or  in  time  of  war  otherwise  than  in 
the  manner  provided  by  law.     The  Constitution  upholds 


GENERAL   CONSIDERATIONS.  125 

the  right  of  bearing  arms,  and  the  right  of  publicly 
assembling  and  petitioning  the  government  for  a  redress 
of  grievances. 

196.  Bills  of  Attainder.— Both  Congress  and  the 
State  Legislatures  are  forbidden  to  pass  bills  of  attainder. 
These  were  common  in  English  history,  and,  between 
the  years  1776  and  1789,  were  not  unknown  in  this 
country.  By  a  bill  of  attainder  the  legislative  authority 
took  upon  itself  to  sentence  a  man  charged  with  an 
offense,  usually  of  a  political  nature.  The  sentence 
carried  with  it  the  penalty  of  death  and  the  confiscation 
of  the  man's  property,  and  it  placed  a  stain  upon  the 
blood  of  his  descendants  so  that  they  could  not  inherit 
property.  Besides  these  cruel  features  there  is  a  special 
wrong  in  the  fact  that  such  proceedings  belong  to  courts 
of  justice  and  not  to  legislative  bodies.  Legislative  bodies 
can  never  in  such  cases  rid  themselves  of  their  political 
character,  and  can  not  give  that  free,  full,  and  fair  trial 
to  which  every  accused  person  is  entitled. 

197.  Ex  Post  Facto  Laws.— The  Constitution  also 
prohibits  the  passing  of  what  are  called  ex  post  facto  laws. 
Such  laws  are  laws  which  make  an  act  punishable  that 
was  not  punishable  when  the  act  was  committed,  or 
which  increase  the  punishment  for  an  act  after  its 
commission. 

198.  Right  to  Reputation.— Not  only  are  a  man's 
life  and  body  protected  but  his  character  as  well.  The 
freedom  of  speech  and  of  the  press  are  guaranteed  by 
both  the  Federal  and  State  Constitutions,  but  any  abuse 
of  this  right  by  the  false  and  unjustifiable  slander  or 
libel  of  a  man's  character  may  be  punished. 

199.  Right  of  Religious  Belief.— The  very  essence 
of  our  government  is  that  there  shall  be  no  interference 


126  CIVIL  GOVERNMENT. 

by  the  State  in  religious  matters.  All  our  institutions 
shall  be  non-sectarian  in  their  character.  While  the 
government  is  prohibited  from  showing  any  special 
favors  to  any  one  form  or  sect  of  religion,  our  Constitu- 
tions guarantee  to  every  individual  the  right  of  religious 
belief  and  worship  according  to  his  own  conscience. 

200.  Right  of  Private  Property. — As  to  the  enjoy- 
ment of  property,  the  Federal  Constitution,  reinforced  by 
the  Constitution  of  each  State,  provides  that  property 
shall  not  be  taken  from  the  individual  owner  without 
due  process  of  law.  Under  this  right  a  man  may  acquire, 
use,  and  dispose  of  his  property  in  such  manner  as  he 
sees  fit  so  long  as  he  does  not  thereby  violate  any  law  or 
injure  any  other  individual. 

201.  Taxation  and  Eminent  Domain. — But  a  man's 
private  property  may  be  subject  to  taxation  by  the  gov- 
ernment in  order  that  a  government  may  have  means  of 
paying  its  debts  and  providing  for  the  public  welfare.  It 
is  also  subject  to  the  right  of  eminent  domain.  This 
latter  right  means  that  the  State  is  regarded  as  the 
ultimate  owner  of  all  property  within  its  boundaries 
and  may  assert  its  ownership  whenever  necessary.  The 
State  exercises  this  right  when  it  requires  the  owner  of 
property  to  give  it  up  for  a  public  use.  But  the  Consti- 
tution requires  that  in  such  case  adequate  compensation 
must  be  made  to  the  owner. 

202.  The  Inviolability  of  Private  Contracts.— The 
Federal  Constitution  prohibits  any  State  from  passing  any 
law  which  shall  impair  the  obligation  of  contracts.  This 
means,  for  instance,  that  when  the  Legislature  of  a  State 
has  granted  a  charter  to  a  corporation,  it  shall  not  violate 
that  charter  arbitrarily;  or  that  the  Legislature  shall  not 
revoke  a  grant  of  land,  or  shall  not,  by  its  laws,  cause 


GENERAL   CONSIDERATIONS.  127 

one  man  to  lose  a  rightful  claim  which  he  may  have 
against  another  man. 

203.  General  Warrants. — General  warrants  for  the 
arrest  of  persons,  the  search  of  houses,  or  the  seizure 
of  papers  are  prohibited.  Warrants  for  these  purposes 
must  be  issued  only  on  probable  cause,  supported  by  oath, 
and  must  describe  the  place  to  be  searched  or  the  person 
or  thing  to  be  seized.  This  is  a  recognition  of  the  old 
English  principle  that  "a  man's  house  is  his  castle;" 
that  is  to  say,  that  his  house  may  not  be  invaded  arbi- 
trarily. This  principle  is  extended  to  the  protection  of  a 
man's  correspondence  while  going  through  the  post  office. 

204.  Rights  of  Citizens  of  One  State  in  Other 
States. — The  Federal  Constitution  also  provides  that  the 
citizens  of  one  State  shall  enjoy  equal  rights  in  every 
other  State.  It  provides,  too,  that  all  public  acts, 
records,  and  judicial  proceedings  of  one  State  shall  be  as 
much  respected  by  another  State  as  are  its  own  records 
and  proceedings.  These  provisions  prevent  any  dis- 
crimination being  made  by  one  State  against  the  citizens 
or  laws  of  another  State. 


128  CIVIL  GOVERNMENT. 

CONSTITUTION  OF  THE  UNITED  STATES. 


PREAMBLE. 

Purpose  of  the  Constitution. — We,  the  people  of  the 
United  States,  in  order  to  form  a  more  perfect  union, 
establish  justice,  insure  domestic  tranquillity,  provide 
for  the  common  defense,  promote  the  general  welfare, 
and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  Constitution  for 
the  United  States  of  America. 


ARTICLE  I. 

LEGISLATIVE   DEPARTMENT. 

Section  I.     Congress. 

Legislative  Powers  (pp.  47,  59). — All  legislative  powers 
herein  granted  shall  be  vested  in  a  Congress  of  the  United 
States,  which  shall  consist  of  a  Senate  and  House  of  Rep- 
resentatives. 

Section  II.     House  of  Representatives. 

1.  (a)  Election  of  Representatives  (p.  49). — The  House 
of  Representatives  shall  be  composed  of  members  chosen 
every  second  year  by  the  people  of  the  several  States, 

(b)  Who  May  Vote  for  Representatives  (p.  49). — And  the 
electors  in  each  State  shall  have  the  qualifications  requi- 
site for  electors  of  the  most  numerous  branch  of  the  State 
Legislature. 


FEDERAL  CONSTITUTION.  129 

2.  Qualifications  for  Representatives  ( p.  48 ) . — No  person 
shall  be  a  Representative  who  shall  not  have  attained 
the  age  of  twenty-five  years,  and  been  seven  years  a 
citizen  of  the  United  States,  and  who  shall  not,  when 
elected,  be  an  inhabitant  of  that  State  in  which  he  shall 
be  chosen. 

See,  also,  Sect.  6  of  this  Article,  and  Sect.  3  of  the  Fourteenth 
Amendment. 

3.  Apportionment  of  Representatives  (p.  48). — *  Repre- 
sentatives and  direct  taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this 
Union,  according  to  their  respective  numbers,  which 
shall  be  determined  by  adding  to  the  whole  number  of 
free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three  fifths  of 
all  other  persons.^  * 

This  provision  has  been  superseded  by  the  following  clause  of 
the  Fourteenth  Amendment : 

[Representatives  shall  be  apportioned  among  the  sev- 
eral States,  according  to  their  respective  numbers,  count- 
ing the  whole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  Electors  for  President  and  Vice- 
President  of  the  United  States,  Representatives  in  Con- 
gress, the  executive  and  judicial  officers  of  a  State,  or  the 
members  of  the  Legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any 
way  abridged,  except  for  participation  in  rebellion,  or 
other  crime,  the  basis  of  representation  therein  shall  be 
reduced  in  the  proportion  which  the  number  of  such 
male  citizens  shall  bear  to  the  whole  number  of  male 
citizens  twenty-one  years  of  age  in  such  State.^] 

Census  (p.  48). — The  actual  enumeration  shall  be 
made  within  three  years  after  the  first  meeting  of  the 

^  Clauses  between  *  *  are  obsolete  or  superseded. 

■■'Clauses  in  []  are  interpolated  from  other  parts  of  the  Constitution. 


130  CIVIL  GOVERNMENT. 

Congress  of  the  United  States,  and  within  every  subse- 
quent term  of  ten  years,  in  such  manner  as  they  shall  by 
law  direct. 

Number  of  Representatives  (p.  48). — The  number  of 
Representatives  shall  not  exceed  one  for  every  thirty 
thousand,  but  each  State  shall  have  at  least  one  Repre- 
sentative; *and  until  such  enumeration  shall  be  made, 
the  State  of  New  Hampshire  shall  be  entitled  to  choose 
three,  Massachusetts  eight,  Rhode  Island  and  Providence 
Plantations  one,  Connecticut  five.  New  York  six.  New 
Jersey  four,  Pennsylvania  eight,  Delaware  one,  Mary- 
land six,  Virginia  ten.  North  Carolina  five,  South  Caro- 
lina five,  and  Georgia  three.* 

4.  Vacancies,  How  Filled  (p.  51). — When  vacancies 
happen  in  the  representation  from  any  State,  the  execu- 
tive authority  thereof  shall  issue  writs  of  election  to  fill 
such  vacancies. 

5.  (a)  Officers  of  the  House  (p.  58). — The  House  of 
Representatives  shall  choose  their  Speaker  and  other 
officers; 

(b)  Impeachments  (p.  74). — And  shall  have  the  sole 
power  of  impeachment. 

Section  III.     Senate. 

1.  (a)  Number  of  Senators  (p.  51). — The  Senate  of  the 
United  States  shall  be  composed  of  two  Senators  from 
each  State, 

(b)  How  Elected  (p.  51). — Chosen  by  the  Legislature 
thereof,  for  six  years; 

(c)  Voting  in  the  Senate  (p.  52). — And  each  Senator 
shall  have  one  vote. 

2.  (a)  Senators  Divided  into  Three  Classes  (p.  51). — 
Immediately  after  they  shall  be  assembled  in  consequence 


FEDERAL  CONSTITUTION.  131 

of  the  first  election,  they  shall  be  divided  as  equally  as 
may  be  into  three  classes.  The  seats  of  the  Senators  of 
the  first  class  shall  be  vacated  at  the  expiration  of  the 
second  year,  of  the  second  class  at  the  expiration  of  the 
fourth  year,  and  of  the  third  class  at  the  expiration  of 
the  sixth  year,  so  that  one  third  may  be  chosen  every 
second  year; 

(b)  Vacancies,  How  Filled  (p.  53). — And  if  vacancies 
happen,  by  resignation  or  otherwise,  during  the  recess  of 
the  Legislature  of  any  State,  the  Executive  thereof  may 
make  temporary  appointments  until  the  next  meeting  of 
the  Legislature,  which  shall  then  fill  such  vacancies. 

3.  Qualifications  for  Senators  (p.  51). — No  person  shall 
be  a  Senator  who  shall  not  have  attained  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhab- 
itant of  that  State  for  which  he  shall  be  chosen. 

See,  also,  Sect.  6  of  this  Article,  and  Sect.  3  of  the  Fourteenth 
Amendment. 

4.  President  of  the  Senate  (p.  52). — The  y ice-President 
of  the  United  States  shall  be  President  of  the  Senate,  but 
shall  have  no  vote  unless  they  shall  be  equally  divided. 

5.  Other  Officers  and  President  pro  tempore  (p.  53). — 
The  "Senate  shall  choose  their  other  officers  and  also  a 
President  pro  tempore,  in  the  absence  of  the  Vice-Presi- 
dent, or  when  he  shall  exercise  the  ofiice  of  President  of 
the  United  States. 

6.  Trial  of  Impeachments  (p.  74). — The  Senate  shall 
have  the  sole  power  to  try  all  impeachments.  When 
sitting  for  that  purpose,  they  shall  be  on  oath  or  affirma- 
tion. AVhen  the  President  of  the  United  States  is  tried, 
the  Chief  Justice  shall  preside;  and  no  person  shall  be 
convicted  without  the  concurrence  of  two  thirds  of  the 
members  present. 


132  CIVIL  GOVERNMENT. 

7.  Judgment  in  Cases  of  Impeachment  (p.  74). — Judg- 
ment in  cases  of  impeachment  shall  not  extend  further 
than  to  removal  from  office  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust,  or  profit  under  the 
United  States;  but  the  party  convicted  shall,  neverthe- 
less, be  liable  and  subject  to  indictment,  trial,  judgment, 
and  punishment  according  to  law. 

Section  IV.     Elections  of  Senators  and   Representatives. 
Meetings  of  Congress. 

1.  Elections  of  Members  of  Congress. — The  times,  places, 
and  manner  of  holding  elections  for  Senators  and  Repre- 
sentatives shall  be  prescribed  in  each  State  by  the  Legis- 
lature thereof;  but  the  Congress  may  at  any  time,  by  law, 
make  or  alter  such  regulations,  except  as  to  the  places  of 
choosing  Senators. 

2.  Congress  to  Meet  Annually  (p.  54). — The  Congress 
shall  assemble  at  least  once  in  every  year,  and  such 
meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall,  by  law,  appoint  a  difierent  day. 

Section  V.     Powers  and  Duties. of  Each  House  of  Congress. 

1.  (a)  Power  as  to  Qualifications  of  Members  (p.  55). — 
Each  house  shall  be  the  judge  of  the  elections,  returns, 
and  qualifications  of  its  own  members, 

(b)  Quorum  (p.  53). — And  a  majority  of  each  shall 
constitute  a  quorum  to  do  business;  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  may  be  authorized 
to  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may 
provide. 

2.  (a)  Power  as  to  Rules  of  Proceedings  (pp.  49,  52). — 
Each  house  may  determine  the  rules  of  its  proceedings, 


FEDERAL  CONSTITUTION.  133 

(b)  Power  to  Punish  and  Expel  Members* {ip.  55). — 
Punish  its  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two  thirds,  expel  a  member. 

3.  (a)  Journal  (p.  55). — Each  house  shall  keep  a 
journal  of  its  proceedings,  and  from  time  to  time  pub- 
lish the  same,  excepting  such  parts  as  may,  in  their 
judgment,  require  secrecy; 

(b)  Yeas  and  Nays  (p.  55). — And  the  yeas  and  nays 
of  the  members  of  either  house,  on  any  question,  shall, 
at  the  desire  of  one  fifth  of  those  present,  be  entered  on 
the  journal. 

4.  Adjournment  (p.  55). — Neither  house,  during  the 
session  of  Congress,  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  the  two  houses  shall  be  sitting. 

Section    VI.     Compensation,   Privileges,   and   Disabilities 
of  Senators  and  Representatives. 

1.  (a)  Compensation  (^.55). — The  Senators  and  Repre- 
sentatives shall  receive  a  compensation  for  their  services, 
to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of 
the  United  States. 

(b)  Privileges  (p.  55). — They  shall,  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest  during  their  attendance  at  the  session  of 
their  respective  houses,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate,  in  either 
house,  they  shall  not  be  questioned  in  any  other  place. 

2.  (a)  Disability  to  Hold  Other  Offices  (p.  55). — No 
Senator  or  Representative  shall,  during  the  time  for  which 
he  was  elected,  be  appointed  to  any  civil  office  under  the 
authority  of  the  United  States,  which  shall  have  been 
created,  or  the  emoluments  whereof  shall  have  been 
increased,  during  such  time; 


134  CIVIL  GOVERNMENT. 

(b)  Persons  Holding  Other  Offices  not  to  be  Senators  or 
Representatives  (p.  55). — And  no  person  holding  any 
office  under  the  United  States  shall  be  a  member  of 
either  house  during  his  continuance  in  office. 

See,  also,  Sect.  3  of  the  Fourteenth  Amendment. 

Section   VII.     Mode  of  Passing  Laws. 

1.  Special  Provision  as  to  Revenue  Bills  (p.  56). — All 
bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives;  but  the  Senate  may  propose  or  concur 
with  amendments  as  on  other  bills. 

2.  Every  Bill  to  Become  a  Law  Must  Pass  Both  Houses 
(p.  55). — Every  bill  which  shall  have  passed  the  House 
of  Representatives  and  the  Senate,  shall: 

And  he  Presented  to  the  President. — Before  it  becomes  a 
law,  be  presented  to  the  President  of  the  United  States; 

Who  may  Approve  and  Sign  It. — If  he  approve,  he  shall 
sign  it, 

Or  Veto  It  (p.  82). — But  if  not,  he  shall  return  it,  with 
his  objections,  to  the  house  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it. 

Veto,  How  Overcome. — If,  after  such  reconsideration, 
two  thirds  of  that  house  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other 
house,  by  which  it  shall  likewise  be  reconsidered,  and  if 
approved  by  two  thirds  of  that  house,  it  shall  become  a 
law.  But  in  all  such  cases  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays;  and  the  names  of  the 
persons  voting  for  and  against  the  bill  shall  be  entered 
on  the  journal  of  each  house,  respectively. 

A  Bill,  not  Returned  by  the  President,  ]Vhen  to  Become 
a  Law. — If  any  bill  shall  not  be  returned  by  the  Presi- 
dent within  ten  days  (Sundays  excepted)  after  it  shall 


FEDERAL  CONSTITUTION.  135 

have  been  presented  to  him,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it, 

And  When  Not. — Unless  the  Congress,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a 
law. 

3.  The  Same  Rules  Applicable  to  Orders,  Resolutions,  and 
Votes  of  the  Two  Houses. — Every  order,  resolution,  or  vote, 
to  which  the  concurrence  of  the  Senate  and  the  House  of 
Representatives  may  be  necessary  (except  on  a  question 
of  adjournment),  shall  be  presented  to  the  President  of 
the  United  States;  and,  before  the  same  shall  take  effect, 
shall  be  approved  by  him,  or,  being  disapproved  by  him, 
shall  be  re-passed  by  two  thirds  of  the  Senate  and  House 
of  Representatives,  according  to  the  rules  and  limitations 
prescribed  in  the  case  of  a  bill. 

Section  VIII.     The  Powers  Granted  to  Congress. 

The  Congress  shall  have  power  (p.  59)  (see  Sect.  1  of 
this  Article): 

1.  Taxation  (pp.  60,  62). — To  lay  and  collect  taxes, 
duties,  imposts,  and  excises,  to  pay  the  debts  and  provide 
for  the  common  defense  and  general  welfare  of  the  United 
States;  but  all  duties,  imposts,  and  excises  shall  be  uni- 
form throughout  the  United  States; 

2.  Loans  (pp.  60,  63). — To  borrow  money  on  the  credit 
of  the  United  States; 

3.  Commerce  (pp.  61,  69). — To  regulate  commerce  with 
foreign  nations,  and  among  the  several  States,  and  with 
the  Indian  tribes; 

4.  Naturalization  (pp.  60,  62,  92,  94,  96);  Bankruptcy 
(pp.  61,  72). — To  establish  an  uniform  rule  of  naturaliza- 
tion, and  uniform  laws  on  the  subject  of  bankruptcies 
throughout  the  United  States; 


136  CIVTL  GOVERNMENT. 

5.  Coin  (pp.  60,  63,  64);  Weights  arid  Measures  (pp.  61, 
73). — To  coin  money,  regulate  the  value  thereof,  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  measures; 

6.  Counterfeiting  (pp.  60,  63,  65). — To  provide  for  the 
punishment  of  counterfeiting  the  securities  and  current 
coin  of  the  United  States; 

7.  Post  Offices  (pp.  61,  70). — To  establish  post  offices 
and  post  roads; 

8.  Patents  and  Copyrights  (pp.  61,  73). — To  promote 
the  progress  of  science  and  useful  arts,  by  securing  for 
limited  times,  to  authors  and  inventors,  the  exclusive 
right  to  their  respective  writings  and  discoveries; 

9.  Courts  (p.  60). — To  constitute  tribunals  inferior  to 
the  Supreme  Court; 

See,  also,  Sect.  1,  Art.  III. 

10.  Piracies,  etc.  (p.  68). — To  define  and  punish  pira- 
cies and  felonies  committed  on  the  high  seas,  and  ofllenses 
against  the  laws  of  nations; 

11.  War  (pp.  61,  66,  67). — To  declare  war,  grant  letters 
of  marque  and  reprisal,  and  make  rules  concerning  cap- 
tures on  land  and  water; 

12.  Army  (pp.  61, 67, 68). — To  raise  and  support  armies, 
but  no  appropriation  of  money  to  that  use  shall  be  for  a 
longer  term  than  two  years; 

13.  Navy  (pp.  61,  67). — To  provide  and  maintain  a 
navy; 

14.  Military  and  Naval  Rules  (pp.  61,  67). — To  make 
rules  for  the  government  and  regulation  of  the  land  and 
naval  forces; 

15.  16.  Militia  (pp.  61,  68). — To  provide  for  calling 
forth  the  militia  to  execute  the  laws  of  the  Union,  sup- 
press insurrections,  and  repel  invasions; 


FEDERAL  CONSTITUTION.  1 37 

To  provide  for  organizing,  arming,  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may- 
be employed  in  the  service  of  the  United  States,  reserving 
to  the  States,  respectively,  the  appointment  of  the  officers, 
and  the  authority  of  training  the  militia  according  to  the 
discipline  prescribed  by  Congress; 

17.  (a)  Federal  District  (pp.  61,  74). — To  exercise 
exclusive  legislation  in  all  cases  whatsoever,  over  such 
district  (not  exceeding  ten  miles  square)  as  may,  by  ces- 
sion of  particular  States,  and  the  acceptance  of  Congress, 
become  the  seat  of  the  government  of  the  United  States; 

(b)  Other  Places  (pp.  61,  74). — And  to  exercise  like 
authority  over  all  places  purchased,  by  the  consent  of  the 
Legislature  of  the  State  in  which  the  same  shall  be,  for 
the  erection  of  forts,  magazines,  arsenals,  dock-yards,  and 
other  needful  buildings;  and 

18.  To  Carry  Out  Powers  Granted  to  the  United  States 
(p.  59). — To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  the 
government  of  the  United  States,  or  in  any  department 
or  officer  thereof. 

Other  powers  given  to  Congress  in  various  parts  of  the  Constitu- 
tion are  as  follows : 

[(19)  To  Fix  the  Time  of  Choosing  Electors  and  of  Cast- 
ing Electoral  Vote  (p.  77). — The  Congress  may  determine 
the  time  of  choosing  Electors,  and  the  day  on  which  they 
shall  give  their  votes;  which  day  shall  be  the  same 
throughout  the  United  States.     (Sect.  1,  Par.  4,  Art.  II.) 

(20)  To  Arrange  the  Presidential  Succession  (p.  79). — 
The  Congress  may,  by  law,  provide  for  the,  case  of 
removal,  death,  resignation,  or  inability,  both  of  the 
President  and  Vice-President,  declaring  what  officer  shall 
then  act  as  President;  and  such  officer  shall  act  accord- 
ingly, until  the  disability  be  removed  or  a  President 
shall  be  elected.     (Sect.  1,  Par.  6,  Art.  II.) 


138  CIVIL  GOVERNMENT. 

( 21 )  To  Regulate  Appellate  Jurisdiction  of  the  Supreme 
Court  (p.  88). — In  all  cases  affecting  ambassadors,  other 
public  ministers  and  consuls,  and  those  in  which  a  State 
shall  be  a  party,  the  Supreme  Court  shall  have  original 
jurisdiction.  In  all  the  other  cases  before  mentioned, 
the  Supreme  Court  shall  have  appellate  jurisdiction,  both 
as  to  law  and  fact,  with  such  exceptions  and  under  such 
regulations  as  the  Congress  shall  make.  (Sect.  2,  Par.  2, 
Art.  III.) 

(22)  To  Declare  the  Punishment  of  Treason  (p.  74). — 
The  Congress  shall  have  power  to  declare  the  punish- 
ment of  treason;  but  no  attainder  of  treason  shall  work 
corruption  of  blood,  or  forfeiture,  except  during  the  life 
of  the  person  attainted.     (Sect.  3,  Par.  2,  Art.  III.) 

(23)  To  Authenticate  State  Records  (p.  127).— Full  faith 
and  credit  shall  be  given  in  each  State  to  the  public  acts, 
records,  and  judicial  proceedings  of  every  other  State. 
And  the  Congress  may,  by  general  laws,  prescribe  the 
manner  in  which  such  acts,  records,  and  proceedings 
shall  be  proved,  and  the  effect  thereof.    (Sect.  1,  Art.  IV.) 

(24)  To  Admit  New  States  (pp.  61,  71).— New  States 
may  be  admitted  by  the  Congress  into  this  Union;  but 
no  new  State  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State,  nor  any  State  be  formed  by 
the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the  consent  of  the  Legislatures  of  the  States  con- 
cerned, as  well  as  of  the  Congress.  ( Sect.  3,  Par.  1 ,  Art.  IV. ) 

(25)  To  Govern  the  Property  and  Territory  of  the  Union 
(pp.  61,71). — The  Congress  shall  have  power  to  dispose  of 
and  make  all  needful  rules  and  regulations  respecting  the 
territory  or  other  property  belonging  to  the  United  States; 
and  nothing  in  this  Constitution  shall  be  so  construed  as 
to  prejudice  any  claims  of  the  United  States,  or  of  any 
particular  State.     (Sect.  3,  Par.  2,  Art.  IV.) 

(26)  To  Propose  Amendments  and  Call  Convention 
(p.  45). — The  Congress,  whenever  two  thirds  of  both 
houses  shall  deem  it  necessary,  shall  propose  amend- 
ments to  this  Constitution,  or,  on  the  application  of  the 
Legislatures  of  two  thirds  of  the  several  States,  shall  call 
a  convention  for  proposing  amendments.     (Art.  V.) 


FEDERAL  CONSTITUTION.  139 

(27)   To   Enforce   Amendments.  —  The   Congress   shall 
have  power  to  enforce,  by  appropriate   legislation,  the 
provisions  of  (the  Thirteenth,  Fourteenth,  and  Fifteenth 
Amendments).] 
See  these  amendmentB. 

Section  IX.     Limitations  on  the  Powers   Granted  to  the 
United  States. 

1 .  Slave  Trade. — *The  migration  or  importation  of  such 
persons  as  any  of  the  States  now  existing  shall  think 
proper  to  admit,  shall  not  be  prohibited  by  the  Congress 
prior  to  the  year  one  thousand  eight  hundred  and  eight; 
but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person.* 

2.  Habeas  Corpus  (p.  124). — The  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended,  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it. 

3.  Bill  of  Attainder  (p.  125);  Ex  Post  Facto  Law 
(p.  125). — No  bill  of  attainder  or  ex  post  facto  law  shall 
be  passed. 

See  Sect.  10,  Par.  1,  this  Article,  for  similar  prohibition  on  the 
States. 

4.  Direct  Taxes  to  he  in  Proportion  to  Census  (p.  62). — 
No  capitation  or  other  direct  tax  shall  be  laid,  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

For  provision  as  to  the  census,  see  Sect.  2,  Par.  3,  this  Article. 

5.  Duties  on  Exports  (pp.  62,  70). — No  tax  or  duty 
shall  be  laid  on  articles  exported  from  any  State. 

See  Sect.  10,  Par.  2,  this  Article,  for  similar  prohibition  on  the 
States. 

6.  No  Commercial  Discriminations  to  he  Made  hetween 
States  (p.  70). — No   preference   shall  be  given,  by  any 


140  CIVIL  GOVERNMENT. 

regulation  of  commerce  or  revenue,  to  the  ports  of  one 
State  over  those  of  another;  nor  shall  vessels  bound  to, 
or  from,  one  State  be  obliged  to  enter,  clear,  or  pay  duties 
in  another. 

7.  (a)  No  Public  Money  to  he  Drawn  Except  as  Author- 
ized by  Law. — No  money  shall  be  drawn  from  the  treasury 
but  in  consequence  of  appropriations  made  by  law; 

(b)  Accounts  to  be  Kept. — And  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public 
money  shall  be  published  from  time  to  time. 

8.  (a)  Titles  of  Nobility. — No  title  of  nobility  shall  be 
granted  by  the  United  States; 

See  Sect.  10,  Par.  1,  this  Article,  for  similar  prohibition  on  the 
States. 

(b)  Presents,  etc.,  from  Foreign  Powers. — And  no  person 
holding  any  office  of  profit  or  trust  under  them  shall, 
without  the  consent  of  the  Congress,  accept  of  any  present, 
emolument,  office,  or  title,  of  any  kind  whatever,  from 
any  king,  prince,  or  foreign  State. 

Other  prohibitions  on  the  powers  of  the  United  States  are  con- 
tained in  the  first  eight  amendments,  and  in  the  Fifteenth  Amend- 
ment, as  follows: 

[Freedom  of  Religion  (p.  125),  of  Speech  (p.  125);  Right 
of  Assembling  (p.  125) ,  of  Petition  (p.  125). — Congress  shall 
make  no  law  respecting  an  establishment  of  religion,  or 
prohibiting  the  free  exercise  thereof;  or  abridging  the 
freedom  of  speech,  or  of  the  press;  or  the  right  of  the 
people  peaceably  to  assemble,  and  to  petition  the  govern- 
ment for  a  redress  of  grievances.     (First  Amendment.) 

Right  to  Bear  Arms  (p.  124). — A  well  regulated  militia, 
being  necessary  to  the  security  of  a  free  State,  the  right 
of  the  people  to  keep  and  bear  arms  shall  not  be  infringed. 
(Second  Amendment.) 

Quartering  of  Soldiers  (p.  124). — No  soldier  shall,  in 
time  of  peace,  be  quartered  in  any  house  without  the 


FEDERAL  CONSTITUTION.  141 

consent  of  the  owner;  nor  in  time  of  war,  but  in  a  manner 
to  be  prescribed  by  law.     (Third  Amendment.) 

Searches  and  Seizures  (p.  127);  Warrants  (p.  127). — 
The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches 
and  seizures,  shall  not  be  violated,  and  no  warrants  shall 
issue  but  upon  probable  cause,  supported  by  oath  or 
affirmation,  and  particularly  describing  the  place  to  be 
searched  and  the  persons  or  things  to  be  seized.  (Fourth 
Amendment.) 

Trials  for  Crimes  (p.  124);  Rights  of  Life,  Liberty,  and 
Property  (p.  124). — No  person  shall  be  held  to  answer 
for  a  capital  or  otherwise  infamous  crime,  unless  on  a 
presentment  or  indictment  of  a  grand  jury,  except  in 
cases  arising  in  the  land  or  naval  forces,  or  in  the  militia, 
when  in  actual  service  in  time  of  war  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offense  to 
be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall  be 
compelled  in  any  criminal  case  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law;  nor  shall  private  property  be 
taken  for  public  use  without  just  compensation.  (Fifth 
Amendment.) 

Rights  of  Defendants  in  Criminal  Cases  (p.  124). — In 
all  criminal  prosecutions,  the  accused  shall  enjoy  the 
right  to  a  speedy  and  public  trial,  by  an  impartial  jury 
of  the  State  and  district  wherein  the  crime  shall  have 
been  committed,  which  district  shall  have  been  previously 
ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assist- 
ance of  counsel  for  his  defense.     (Sixth  Amendment.) 

Trials  in  Civil  Cases. — In  suits  at  common  law,  where 
the  value  in  controversy  shall  exceed  twenty  dollars, 
the  right  of  trial  by  jury  shall  be  preserved;  and  no  fact, 
tried  by  jury,  shall  be  otherwise  reexamined  in  any 
court  of  the  IJnited  States  than  according  to  the  rules  of 
common  law.     (Seventh  Amendment.) 

Bail,  Fines,  Punishments  (p.  124). — Excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed,  nor  cruel 


142  CIVIL  GOVERNMENT. 

and  unusual   punishments   inflicted.     (Eighth  Amend- 
ment.) 

Right  of  Suffrage  (p.  95). — The  right  of  citizens  of  the 
United  States  to  vote  shall  not  be  denied  or  abridged  by 
the  United  States  or  any  State  on  account  of  race,  color, 
or  previous  condition  of  servitude.  (Sect.  1,  Fifteenth 
Amendment.)] 

Section  X.     Powers  Prohibited  to  the  States. 

To  understand  the  force  of  these  prohibitions,  the  Tenth  Amend- 
ment should  be  read,  as  follows : 

[The  powers  not  granted  to  the  United  States  by  the 
Constitution  {those  granted  are  given  in  Section  8,  this 
Article),  nor  prohibited  by  it  to  the  States  (as  given  in 
this  section),  are  reserved  to  the  States,  respectively,  or  to 
the  people.] 

A.     Absolute  Prohibitions. 

1.  No  State  shall: 

(a)  Treaty  (p.  111). — Enter  into  any  treaty,  alliance, 
or  confederation; 

For  the  power  to  make  treaties,  see  Art.  II,  Sect.  2,  Par.  2. 

(b)  Letters  of  Marque  (p.  111). — Grant  letters  of 
marque  and  reprisal; 

For  the  power  to  grant  such  letters,  see  Sect.  8,  Par.  11,  this 
Article. 

(c)  Money  (p.  111). — Coin  money,  emit  bills  of  credit, 
make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts; 

For  power  of  coinage  of  money,  see  Sect.  8,  Par.  5,  this  Article. 

(d)  Bill  of  Attainder  (pp.  Ill,  126).— Ex  Post  Facto 

Law  (p.  125). — Pass  any  bill  of  attainder,  ex  post  facto 

law; 

For  similar  prohibition  on  Congress,  see  Sect.  9,  Par.  3,  this 
Article. 

(e)  Impairing  Contracts  (pp.  Ill,  126). — Or  law  im- 
pairing the  obligation  of  contracts; 


FEDERAL  CONSTITUTION.  143 

(f)  titles  of  Nobility  (p.  111). — Or  grant  any  title  of 
nobility. 

For  similar  prohibition  on  the  United  States,  see  Sect.  9,  Par.  8, 
this  Article. 

Other  limitations,  as  follows,  are  laid  on  the  powers  of  the  States 
by  the  Thirteenth,  Fourteenth,  and  Fifteenth  Amendments: 

[Prohibition  of  Slavery. — Neither  slavery  nor  involun- 
tary servitude,  except  as  a  punishment  for  crime  whereof 
the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States,  or  any  place  subject  to  their 
jurisdiction.     (Sect.  1,  Thirteenth  Amendment.) 

Privileges  and  Immunities  of  Citizens;  Rights  of  Life^ 
Liberty,  and  Property  (p.  123). —  No  State  shall  make 
or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States;  nor  shall 
any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law,  nor  deny  to  any  person 
within  its  jurisdiction  the  equal  protection  of  the  laws. 
(Sect.  1,  Fourteenth  Amendment.) 

Right  of  Suffrage  (p.  95). — The  right  of  citizens  of  the 
United  States  to  vote  shall  not  be  denied  or  abridged  by 
the  United  States  or  any  State  on  account  of  race,  color, 
or  previous  condition  of  servitude.  (Sect.  1,  Fifteenth 
Amendment. )  ] 

B.    Prohibitions,  unless  by  Consent  of  Congress. 

2.  Duties  on  Imports  and  Exports  (pp.  70,  111). — No 
State  shall,  without  the  consent  of  the  Congress,  lay  any 
imposts  or  duties  on  imports  or  exports,  except  what 
may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  net  produce  of  all  duties  and  imposts,  laid 
by  any  State  on  imports  or  exports,  shall  be  for  the  use 
of  the  treasury  of  the  United  States;  and  all  such  laws 
shall  be  subject  to  the  revision  and  control  of  the  Con- 
gress. 

For  the  power  of  Congress  to  lay  duties  on  imports,  see  Sect.  8, 
Par.  1,  this  Article;  for  the  prohibition  on  Congress  as  to  duties  on 
exports,  see  Sect.  9,  Par.  5,  this  Article. 


144  CIVIL  GOVERNMENT. 

3.  No  State  shall,  without  the  consent  of  Congress: 

(a)  Tonnage  Duties  (pp.  70,  111). — Lay  any  duty  on 
tonnage; 

(b)  Troops  and  Ships  of  War  (p.  111). — Keep  troops 
or  ships  of  war  in  time  of  peace; 

For  the  power  of  Congress  over  the  army  and  navy,  see  Sect.  8, 
Par.  12,  13,  14,  this  Article. 

(c)  Compacts  with  Other  States  or  Powers  (p.  111). — 
Enter  into  any  agreement  or  compact  with  another  State 
or  with  a  foreign  power; 

(d)  War;  Invasion  (p.  111). — Or  engage  in  war,  unless 
actually  invaded  or  in  such  imminent  danger  as  will  not 
admit  of  delay. 

For  the  power  of  Congress  to  declare  war  and  repel  invasions, 
see  Sect.  8,  Par.  11  and  15,  this  Article. 


ARTICLE  11. 

EXECUTIVE    DEPARTMENT. 

Section  I.     President  and  Vice-President. 

1.  (a)  Executive  Power  Vested  in  President  (p.  76). — 
The  executive  power  shall  be  vested  in  a  President  of  the 
United  States  of  America. 

(b)  Term  of  Office. — He  shall  hold  his  office  during  the 
term  of  four  years,  and,  together  with  the  Vice-President 
chosen  for  the  same  term,  be  elected  as  follows: 

2.  (a)  Appointment  and  Number  of  Presidential  Elect- 
ors (p.  77). — Each  State  shall  appoint,  in  such  manner 
as  the  Legislature  thereof  may  direct,  a  number  of 
Electors  equal  to  the  whole  number  of  Senators  and 
Representatives  to  which  the  State  may  be  entitled  in 
the  Congress. 


FEDERAL  CONSTITUTION.  145 

(b)  Who  May  Not  he  Electors. — But  no  Senator  or  Rep- 
resentative, or  person  holding  an  office  of  trust  or  profit 
under  the  United  States,  shall  be  appointed  an  Elector. 

See,  also,  Par.  3  of  the  Fourteenth  Amendment. 

3.  Mode  of  Electing  the  President  and  Vice-President 
(p.  77). — *The  Electors  shall  meet  in  their  respective 
States  and  vote  by  ballot  for  two  persons,  of  whom  one 
at  least  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves.  And  they  shall  make  a  list  of  all  the 
persons  voted  for,  and  of  the  number  of  votes  for  each; 
which  list  they  shall  sign  and  certify,  and  transmit, 
sealed,  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The 
President  of  the  Senate  shall,  in  the  presence  of  the 
Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted.  The  person 
having  the  greatest  number  of  votes  shall  be  the  Presi- 
dent, if  such  number  be  a  majority  of  the  whole  number 
of  electors  appointed;  and  if  there  be  more  than  one  who 
have  such  majority,  and  have  an  equal  number  of  votes, 
then  the  House  of  Representatives  shall  immediately 
choose  by  ballot  one  of  them  for  President;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on 
the  list  the  said  House  shall,  in  like  manner,  choose  the 
President.  But  in  choosing  the  President,  the  vote  shall 
be  taken  by  States,  the  representation  from  each  State 
having  on^  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two  thirds  of  the  States, 
and  a  majority  of  all  the  States  shall  be  necessary  to  a 
choice.  In  every  case  after  the  choice  of  the  President, 
the  person  having  the  greatest  number  of  votes  of  the 
Electors  shall  be  the  Vice-President.  But  if  there  should 
remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them  by  ballot  the  Vice-President.* 

10— CO 


146  CIVIL  GOVERNMENT. 

This  has  been  superseded  by  the  Twelfth  Amendment,  as  follows : 

[(a)  Voting  of  the  Electors. — The  Electors  shall  meet  in 
their  respective  States,  and  vote  by  ballot  for  President 
and  Vice-President,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  State  with  themselves;  they 
shall  name  in  their  ballots  the  person  voted  for  as  Presi- 
dent, and  in  distinct  ballots  the  person  voted  for  as 
Vice-President; 

(b)  Electoral  Votes  to  he  Sent  to  Washington. — And 
they  shall  make  distinct  lists  of  all  persons  voted  for  as 
President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  which  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate. 

(c)  Counting  the  Electoral  Votes. — The  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted. 

(d)  Number  of  Electoral  Votes  Necessary  to  Elect  the 
President. — The  person  having  the  greatest  number  of 
votes  for  President  shall  be  the  President,  if  such  a 
number  be  a  majority  of  the  whole  number  of  Electors 
appointed; 

(e)  Election  of  President  by  House  of  Representatives, 
When  and  How  (p.  79). — And  if  no  person  have  such 
majority,  then  from  the  persons  having  the  highest  num- 
bers, not  exceeding  three,  on  the  list  of  those  voted  for 
as  President,  the  House  of  Representatives  shall  choose 
immediately,  by  ballot,  the  President.  But  in  choosing 
the  President,  the  votes  shall  be  taken  by  States,  the  rep- 
resentation from  each  State  having  one  vote;  a  quorum 
for  this  purpose  shall  consist  of  a  member  or  members 
from  two  thirds  of  the  States,  and  a  majority  of  all  the 
States  shall  be  necessary  to  a  choice. 

(f)  When  no  Election  of  President  by  either  Electors  or 
House  of  Representatives,  Vice-President  to  act  as  President. 
And  if  the  House  of  Representatives  shall  not  choose  a 
President,  whenever  the  right  of  choice  shall  devolve  upon 
them,  before  the  fourth  day  of  March  next  following,  then 


FEDERAL  CONSTITUTION.  147 

the  Vice-President  shall  act  as  President,  as  in  the  case 
of  the  death  or  other  constitutional   disability  of  the 
President. 
See  Sect.  1,  Par.  6,  Art.  II. 

(g)  Number  of  Electoral  Votes  Necessary  to  Elect  the 
Vice-President. — The  person  having  the  greatest  number 
of  votes  as  Vice-President  shall  be  the  Vice-President, 
if  such  number  be  a  majority  of  the  whole  number  of 
electors  appointed, 

(h)  Election  of  Vice-President  by  Senate,  When  and  How 
(p.  79). — And  if  no  person  have  a  majority,  then  from 
the  two  highest  numbers  on  the  list  the  Senate  shall  choose 
the  Vice-President;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

(i)  Qualifications  for  Vice-President. — But  no  person 
constitutionally  ineligible  to  the  office  of  President  shall 
be  eligible  to  that  of  Vice-President  of  the  United  States.] 

For  qualifications  for  President,  see  Sect.  1,  Par.  5,  Art.  II.,  and 
Par.  3  of  the  Fourteenth  Amendment. 

4.  Time  of  Choosing  Electors  and  of  Casting  Electoral 
Vote  (p.  77). — The  Congress  may  determine  the  time  of 
choosing  the  Electors,  and  the  day  on  which  they  shall 
give  their  votes;  which  day  shall  be  the  same  throughout 
the  United  States. 

5.  Qualifications  for  President  (pp.  63,  77). — No  person 
except  a  natural-born  citizen,  or  a  citizen  of  the  United 
States  at  the  time  of  the  adoption  of  this  Constitution, 
shall  be  eligible  to  the  office  of  President;  neither  shall 
any  person  be  eligible  to  that  office  who  shall  not  have 
attained  the  age  of  thirty-five  years,  and  been  fourteen 
years  a  resident  within  the  United  States. 

See,  also,  Par.  3  of  the  Fourteenth  Amendment. 

6.  Presidential  Succession  (p.  79). — In  case  of  the 
removal  of  the  President   from  office,  or  of  his  death, 


148  CIVIL  GOVERNMENT. 

resignation,  or  inability  to  discharge  the  powers  and 
duties  of  the  said  office,  the  same  shall  devolve  on  the 
Vice-President,  and  the  Congress  may,  by  law,  provide 
for  the  case  of  removal,  death,  resignation,  or  inability, 
both  of  the  President  and  Vice-President,  declaring  what 
officer  shall  then  act  as  President,  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed  or  a 
President  shall  be  elected. 

7.  Salary  of  President  (p.  77). — The  President  shall,  at 
stated  times,  receive  for  his  services  a  compensation, 
which  shall  neither  be  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  period  any  other  emolument 
from  the  United  States,  or  any  of  them. 

8.  Presidenfs  Oath  of  Office. — Before  he  enters  on  the 
execution  of  his  office,  he  shall  take  the  following  oath  or 
affirmation:  "I  do  solemnly  swear  (or  affirm)  that  I  will 
faithfully  execute  the  office  of  President  of  the  United 
States,  and  will,  to  the  best  of  my  ability,  preserve,  pro- 
tect, and  defend  the  Constitution  of  the  United  States.'' 

Section  II.     Powers  of  the  President. 

1.  (a)  Commander-in-Chief  (p.  80). — The  President 
shall  be  commander-in-chief  of  the  army  and  navy  of 
the  United  States,  and  of  the  militia  of  the  several 
States,  when  called  into  the  actual  service  of  the  United 
States; 

(b)  May  Require  Opinions  from  Cabinet. —  He  may 
require  the  opinion,  in  writing,  of  the  principal  officer 
in  each  of  the  executive  departments,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices; 

(c)  May  Grant  Pardons  (p.  80). — And  he  shall  have 
power  to  grant  reprieves  and  pardons  for  offenses  against 
the  United  States,  except  in  cases  of  impeachment. 


FEDERAL  CONSTITUTION.  149 

2.  (a)  Treaties  (pp.  66,  80). — He  shall  have  power,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  make 
treaties,  provided  two  thirds  of  the  Senators  present 
concur; 

(b)  Appointvients  (pp.  80,  81). — And  he  shall  nomi- 
nate, and,  by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appoint  ambassadors,  other  public  ministers 
and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States  whose  appointments  are  not 
herein  otherwise  provided  for  and  which  shall  be  estab- 
lished by  law;  but  the  Congress  may,  by  law,  vest  the 
appointment  of  such  inferior  officers  as  they  think  proper 
in  the  President  alone,  in  the  courts  of  law,  or  in  the 
heads  of  departments. 

3.  Power  to  Fill  Vacancies  (p.  81). — The  President  shall 
have  power  to  fill  up  all  vacancies  that  may  happen 
during  the  recess  of  the  Senate,  by  granting  commissions, 
which  shall  expire  at  the  end  of  their  next  session. 

Section  III.     Further  Powers  and  Duties  of  the  President. 

(a)  Shall  Send  Messages  to  Congress  (p.  82). — He  shall, 
from  time  to  time,  give  to  the  Congress  information  of 
the  state  of  the  Union,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  judge  necessary 
and  expedient. 

(b)  May  Call  Special  Sessions  of  Congress,  or  of  Either 
House  (pp.  54,  82). — He  may,  on  extraordinary  occasions, 
convene  both  houses,  or  either  of  them; 

For  meetings  of  Congress,  see  Sect.  4,  Par.  2.  Art.  I. 

(c)  May  Adjourn  Congress,  When  (p.  82). — And  in 
case  of  disagreement  between  them  with  respect  to  the 
time  of  adjournment,  he  may  adjourn  them  to  such  time 
as  he  shall  think  proper; 

For  adjournment  of  the  houses  of  Congress,  see  Sect.  5,  Par.  4, 
Art.  I.  ^^r^r^===s:>^' 

<^^   0?  THR         >^^ 


150  CIVIL  GOVERNMENT. 

(d)  Shall  Receive  Ambassadors  (p.  80).  —  He  shall 
receive  ambassadors  and  other  public  ministers; 

(e)  Shall  Have  the  Laws  Executed  (p.  80). — He  shall 
take  care  that  the  laws  be  faithfully  executed; 

(f)  Shall  Commission  Officers. — And  shall  commission 
all  the  officers  of  the  United  States. 

Section  IV.    Impeachment  of  President  and  Other  Offi- 
cers (pp.  74,  90). 

The  President,  Vice-President,  and  all  civil  officers 
of  the  United  States  shall  be  removed  from  office,  on 
impeachment  for  and  conviction  of  treason,  bribery,  or 
other  high  crimes  and  misdemeanors. 

For  power  of  impeachment,  see  Sect.  2,  Par.  5,  Art.  I;  for  trial 
of  impeachments,  see  Sect.  3,  Par.  6,  Art.  I. 


ARTICLE  ni. 

JUDICIAL    DEPARTMENT. 

Section  I.     Courts  and  Judges. 

(a)  Supreme  Court  (p.  87). — The  judicial  power  of  the 
United  States  shall  be  vested  in  one  Supreme  Court, 

(b)  Inferior  Courts  (pp.  65,  87). — And  in  such  inferior 
courts  as  the  Congress  may,  from  time  to  time,  ordain 
and  establish. 

(c)  Term  of  Office  of  Judges  (p.  90). — The  judges,  both 
of  the  Supreme  and  inferior  courts,  shall  hold  their  offices 
during  good  behavior, 

(d)  Salary  of  Judges  (p.  90). — And  shall,  at  stated 
times,  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 


FEDERAL  CONSTITUTION.  '  151 

Section  II.     Jurisdiction  of  the  United  States  Courts. 

1.  Cases  that  May  Come  before  the  United  States  Courts 
(p.  89). — The  judicial  power  shall  extend  to  all  cases,  in 
law  and  equity,  arising  under  this  Constitution,  the  laws 
of  the  United  States,  and  treaties  made,  or  which  shall  be 
made,  under  their  authority;  to  all  cases  affecting  ambas- 
sadors, other  public  ministers  and  consuls;  to  all  cases  of 
admiralty  and  maritime  jurisdiction;  to  controversies  to 
which  the  United  States  shall  be  a  party;  to  controversies 
between  two  or  more  States;  between  a  State  and  citizens 
of  another  State;  between  citizens  of  different  States; 
between  citizens  of  the  same  State  claiming  lands  under 
grants  of  different  States;  and  between  a  State,  or  the 
citizens  thereof,  and  foreign  States,  citizens,  or  subjects. 

This  provision  has  been  modified  by  the  Eleventh  Amendment, 
as  follows . 

[The  judicial  power  of  the  United  States  shall  not  be 
construed  to  extend  to  any  suit,  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  United  States  by 
the  citizens  of  another  State,  or  by  citizens  or  subjects  of 
any  foreign  State.] 

2.  Jurisdiction  of  the  Supreme  Court  (p.  88). — (a) 
Original  Jurisdiction. — In  all  cases  affecting  ambassa- 
dors, other  public  ministers  and  consuls,  and  those  in 
which  a  State  shall  be  party,  the  Supreme  Court  shall 
have  original  jurisdiction. 

(b)  Appellate  Jurisdiction. — In  all  the  other  cases  be- 
fore mentioned  the  Supreme  Court  shall  have  appellate 
jurisdiction,  both  as  to  law  and  fact,  with  such  excep- 
tions and  under  such  regulations  as  the  Congress  shall 
make. 

3.  Trial  for  Crimes  (p.  124). — (a)  To  be  by  Jury. — The 
trial  of  all  crimes,  except  in  cases  of  impeachment,  shall 
be  by  jury; 


152  CIVIL  GOVERNMENT. 

(b)  In  State  Where  Committed. — And  such  trial  shall 
be  held  in  the  State  where  the  said  crimes  shall  have 
been  committed; 

(c)  If  not  Committed  in  any  State. — But  when  not 
committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may,  by  law,  have 
directed. 

The  Fifth  Amendment  provides : 

[Trials  for  Crimes  (p.  124). — No  person  shall  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime,  unless 
on  a  presentment  or  indictment  of  a  grand  jury,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  time  of  war  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same 
offense  to  be  twice  put  in  jeopardy  of  life  or  limb;  nor 
shall  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself;  nor  be  deprived  of  life,  liberty,  or  prop- 
erty, without  due  process  of  law ;  nor  shall  private 
property  be  taken  for  public  use  without  just  compensa- 
tion.] 

The  Sixth  Amendment  provides : 

[Rights  of  Defendants  in  Criminal  Cases  (p.  124). — In 
all  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been 
committed,  which  district  shall  have  been  previously 
ascertained  by  law;  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  with  the 
witnesses  against  him;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  to  have  the  assist- 
ance of  counsel  for  his  defense.] 

The  Seventh  Amendment  provides : 

[Trials  in  Civil  Cases. — In  suits  at  common  law,  where 
the  value  in  controversy  shall  exceed  twenty  dollars,  the 
right  of  trial  by  jury  shall  be  preserved;  and  no  fact, 
tried  by  jury,  shall  be  otherwise  reexamined  in  any 
court  of  the  United  States  than  according  to  the  rules  of 
common  law.] 


FEDERAL   CONSTITUTION.  153 

The  Eighth  Amendment  provides: 

\^Bail,  Fines,  and  Punishments  (p.  124). — Excessive  bail 
shall  not  be  required,  nor  excessive  fitles  imposed,  nor 
cruel  and  unusual  punishments  inflicted.] 

Section  ILL     Treason. 

1.  (a)  Treason  Defined  (p.  74). — Treason  against  the 
United  States  shall  consist  only  in  levying  war  against 
them,  or  in  adhering  to  their  enemies,  giving  them  aid 
and  comfort. 

(b)  Conviction  (p.  74). — No  person  shall  be  convicted 
of  treason,  unless  on  the  testimony  of  two  witnesses  to 
the  same  overt  act,  or  on  confession  in  open  court. 

2.  Punishment  (p.  74). — The  Congress  shall  have  power 
to  declare  the  punishment  of  treason;  but  no  attainder 
of  treason  shall  work  corruption  of  blood,  or  forfeiture, 
except  during  the  life  of  the  person  attainted. 


ARTICLE  IV. 

THE  STATES  AND  THE  FEDERAL  GOVERNMENT. 

Section  I.     State  Records. 

Interstate  Recognition  of  State  Records  (p.  127). — Full 
faith  and  credit  shall  be  given  in  each  State  to  the 
public  acts,  records,  and  judicial  proceedings  of  every 
other  State.  And  the  Congress  may,  by  general  laws, 
prescribe  the  manner  in  which  such  acts,  records,  and 
proceedings  shall  be  proved,  and  the  effect  thereof. 

Section  II.   Privileges  of  Citizens;  Extradition  of  Fugitives. 

1.  Interstate  Privileges  of  Citizens  (p.  125). — The  citi- 
zens of  each  State  shall  be  entitled  to  all  privileges  and 
immunities  of  citizens  in  the  several  States. 


154  CIVIL  GOVERNMENT. 

This  provision  is  enlarged  by  the  following  provision  from  the 
Fourteenth  Amendment : 

[No  State  shall  make  or  enforce  any  law  which  shall 
abridge  the  privileges  or  immunities  of  citizens  of  the 
United  States;  nor  shall  any  State  deprive  any  person 
of  life,  liberty,  or  property,  without  due  process  of  law, 
nor  deny  to  any  person  within  its  jurisdiction  the  equal 
protection  of  the  laws.] 

2.  Fugitives  from  Justice  (p.  38). — A  person  charged  in 
any  State  with  treason,  felony,  or  other  crime,  who  shall 
flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  executive  authority  of  the  State  from  which 
he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
jurisdiction  of  the  crime. 

3.  Fugitives  from  Service. — No  person  held  to  servioe  or 
labor  in  one  State,  under  the  laws  thereof,  escaping  into 
another,  shall,  in  consequence  of  any  law  or  regulation 
therein,  be  discharged  from  such  service  or  labor,  but 
shall  be  delivered  up  on  claim  of  the  party  to  whom  such 
service  or  labor  may  be  due. 

This  provision  is  of  little  value  since  slavery  was  abolished. 

Section  III.     New  States;   Territories. 

1.  Admission  of  New  States  (pp.  61,  71). — New  States 
may  be  admitted  by  the  Congress  into  this  Union;  but 
no  new  State  shall  be  formed  or  erected  within  the  juris- 
diction of  any  other  State;  nor  any  State  be  formed  by 
the  junction  of  two  or  more  States,  or  parts  of  States, 
without  the  consent  of  the  Legislatures  of  the  States 
concerned,  as  well  as  of  the  Congress. 

2.  Control  of  the  Property  and  Territory  of  the  Union 
(pp.  61,  71). — The  Congress  shall  have  power  to  dispose 
of  and  make  all  needful  rules  and  regulations  respecting 
the  territory  or  other  property  belonging  to  the  United 
States;  and  nothing  in  this  Constitution  shall  be  so  con- 


FEDERAL  CONSTITUTION.  155 

strued  as  to  prejudice  any  claims  of  the  United  States, 
or  of  any  particular  State. 

Section  IV.     Federal  Protection  to  the  States. 

Republican  Government  Guaranteed  (p.  72).  —  The 
United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government, 

Protection  Against  Invasion  and  Domestic  Violence  (p. 
72). — And  shall  protect  each  of  them  against  invasion; 
and,  on  application  of  the  Legislature,  or  of  the  execu- 
tive (when  the  Legislature  cannot  be  convened),  against 
domestic  violence. 

For  power  of  the  States  in  case  of  invasion,  see  Sect.  10,  Par.  5, 
Art.  I. 


ARTICLE  V. 

MODE    OF    AMENDING    THE   CONSTITUTION    (p.  45). 

L  (a)  Amendments,  How  Proposed.  —  The  Congress, 
whenever  two  thirds  of  both  houses  shall  deem  it  neces- 
sary, shall  propose  amendments  to  this  Constitution,  or, 
on  the  application  of  the  Legislatures  of  two  thirds  of 
the  several  States,  shall  call  a  convention  for  proposing 
amendments, 

(b)  Amendments,  How  Adopted. — Which,  in  either  case, 
shall  be  valid,  to  all  intents  and  purposes,  as  part  of  this 
Constitution,  when  ratified  by  the  Legislatures  of  three 
fourths  of  the  several  States,  or  by  conventions  in  three 
fourths  thereof,  as  the  one  or  the  other  mode  of  ratifica- 
tion may  be  proposed  by  the  Congress; 

(c)  Restrictions  on  Power  of  Amending. — Provided,  *thsii 
no  amendment  which  may  be  made  prior  to  the  year  one 
thousand  eight  hundred  and  eight  shall,  in  any  manner, 
afiect  the  first  and  fourth  clauses  in  the  ninth  section  of 


156  CIVIL  government: 

the  first  article,*  and  that  no  State,  without  its  consent, 
shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE  VI. 

PUBLIC  debt;  supremacy  of  the  constitution;  oath  of 
office;  religious  test. 

1.   The  Public  Debt. — All  debts  contracted,  and  engage- 
ments entered  into,  before  the  adoption  of  this  Constitu- 
tion, shall  be  as  valid  against  the  United  States,  underx 
this  Constitution,  as  under  the  Confederation. 

Sect.  4  of  the  Fourteenth  Amendment,  as  follows,  relates  to  the 
debt  incurred  during  the  Civil  War : 

[The  validity  of  the  public  debt  of  the  United  States, 
authorized  by  law,  including  debts  incurred  for  payment 
of  pensions  and  bounties  for  services  in  suppressing  insur- 
rection or  rebellion,  shall  not  be  questioned.  But  neither 
the  United  States,  nor  any  State,  shall  assume  or  pay  any 
debt  or  obligation  incurred  in  aid  of  insurrection  or  rebell- 
ion against  the  United  States,  or  any  claim  for  the  loss  or 
emancipation  of  any  slave;  but  all  such  debts,  obligations, 
and  claims  shall  be  held  illegal  and  void.] 

"2.  Supreme  Law  of  the  Land  (p.  46) . — This  Constitution, 
and  the  laws  of  the  United  States  which  shall  be  made 
in  pursuance  thereof,  and  all  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the  United  States,  shall 
be  the  supreme  law  of  the  land;  and  the  judges  in  every 
State  shall  be  bound  thereby,  anything  in  the  Constitution 
or  laws  of  any  State  to  the  contrary  notwithstanding. 

3.  (a)  Oath  of  Office. — The  Senators  and  Representatives 
before  mentioned,  and  the  members  of  the  several  State 
Legislatures,  and  all  executive  and  judicial  officers,  both  of 
the  United  States  and  of  the  several  States,  shall  be  bound, 
by  oath  or  affirmation,  to  support  this  Constitution; 


FEDERAL  CONSTITUTION.  157 

(b)  Religious  Test. — But  no  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 


ARTICLE  VII. 

RATIFICATION    OF   CONSTITUTION    (p.    45). 

The  ratification  of  the  conventions  of  nine  States  shall 
be  sufficient  for  the  establishment  of  this  Constitution 
between  the  States  so  ratifying  the  same. 

Done  in  convention,  by  the  unanimous  consent  of  the 
States  present,  the  seventeenth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and  eighty- 
seven,  and  of  the  independence  of  the  United  States  of 
America  the  twelfth. 


AMENDMENTS. 

FIRST   AMENDMENT. 

Freedom  of  Religion  (p.  125). — Congress  shall  make  no 
law  respecting  an  establishment  of  religion,  or  prohibit- 
ing the  free  exercise  thereof ; 

Freedom  of  Speech  (p.  125). — Or  abridging  the  freedom 
of  speech,  or  of  the  press; 

Right  to  Assemble  (p.  125). — Or  the  right  of  the  people 
peaceably  to  assemble; 

Right  of  Petition  (p.  125). — And  to  petition  the  govern- 
ment for  a  redress  of  grievances. — [Adopted  in  1791. 

SECOND   AMENDMENT. 

Right  to  Bear  Arms  (p.  124). — A  w^ell  regulated  militia 
being  necessary  to  the  security  of  a  free  State,  the  right 
of  the  people  to  keep  and  bear  arms  shall  not  be  in- 
fringed.— [Id. 


158  CIVIL  GOVERNMENT. 

THIRD   AMENDMENT. 

Quartering  of  Soldiers  (p.  124). — No  soldier  shall,  in 
time  of  peace,  be  quartered  in  any  house  without  the 
consent  of  the  owner;  nor  in  time  of  war,  but  in  a  man- 
ner to  be  prescribed  by  law. — [Id. 

FOURTH   AMENDMENT. 

Searches  and  Seizures  (p.  127). — The  right  of  the  people 
to  be  secure  in  their  persons,  houses,  papers,  and  effects, 
against  unreasonable  searches  and  seizures,  shall  not  be 
violated, 

Warrants  (p.  127). — And  no  warrants  shall  issue  but 
upon  probable  cause,  supported  by  oath  or  affirmation, 
and  particularly  describing  the  place  to  be  searched  and 
the  person  or  things  to  be  seized. — [Id. 

FIFTH   AMENDMENT. 

Criminal  Proceedings  (p.  124). — (a)  Indictment,  When 
Necessary. — No  person  shall  be  held  to  answer  for  a  capi- 
tal or  otherwise  infamous  crime,  unless  on  a  presentment 
or  indictment  of  a  grand  jury,  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia,  when  in  actual 
service  in  time  of  war  or  public  danger; 

(b)  No  Person  to  he  Twice  Tried  for  Same  Offense. — Nor 
shall  any  person  be  subject  for  the  same  offense  to  be 
twice  put  in  jeopardy  of  life  or  limb; 

(c)  Nor  Compelled  to  he  a  Witness  against  Himself. — 
Nor  shall  be  compelled  in  any  criminal  case  to  be  a 
witness  against  himself; 

(d)  Nor  Deprived  of  Life,  etc.,  Without  Proper  Trial. — 

Nor  be  deprived  of  life,  liberty,  or  property,  without  due 

process  of  law; 

This  applied  only  to  the  government  of  the  Union;  the  similar 
provision  in  the  Fourteenth  Amendment  applies  to  the  States. 


FEDERAL  CONSTITUTION.  159 

Eminent  Domain  (p.  126). — Nor  shall  private  property 
be  taken  for  public  use  without  just  compensation. — [Id. 

SIXTH    AMENDMENT. 

Criminal  Proceedings  (p.  124). — (a)  Speedy  and  Public 
Trial. — In  all  criminal  prosecutions  the  accused  shall 
enjoy  the  right  to  a  speedy  and  public  trial, 

(b)  Jury. — By  an  impartial  jury  of  the  State  and  dis- 
trict wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law; 

(c)  Charges. — And  to  be  informed  of  the  nature  and 
cause  of  the  accusation; 

(d)  Witnesses. — To  be  confronted  wdth  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining 
witnesses  in  his  favor, 

(e)  Counsel. — And  to  have  the  assistance  of  counsel 
for  his  defense. — [Id. 

SEVENTH    AMENDMENT. 

Jury  Trial  in  Civil  Cases. — In  suits  at  common  law, 
where  the  value  in  controversy  shall  exceed  twenty 
dollars,  the  right  of  trial  by  jury  shall  be  preserved;  and 
no  fact,  tried  by  a  jury,  shall  be  otherwise  reexamined  in 
any  court  of  the  United  States  than  according  to  the  rules 
of  common  law. — [Id. 

EIGHTH    AMENDMENT. 

Bail,  Fines,  Punishments  (p.  124). — Excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. — [Id. 

NINTH   AMENDMENT. 

Rights  Retained  by  the  People. — The  enumeration  in  the 
Constitution  of  certain  rights  shall  not  be  construed  to 
deny  or  disparage  others  retained  by  the  people. — [Id. 


160  CIVIL  GOVERNMENT. 

TENTH   AMENDMENT. 

,  Powers  Reserved  (pp.  58,  59,  111). — The  powers  not 
delegated  to  the  United  States  by  the  Constitution,  nor 
prohibited  by  it  to  the  States,  are  reserved  to  the  States, 
respectively,  or  to  the  people. — [Id. 

ELEVENTH   AMENDMENT. 

Limitation  of  the  Judicial  Power. — The  judicial  power 
of  the  United  States  shall  not  be  construed  to  extend  to 
any  suit,  in  law  or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  citizens  of  another 
State,  or  by  citizens  or  subjects  of  any  foreign  State. — 
[Adopted  in  1798. 

TWELFTH   AMENDMENT. 

Election  of  President  and  Vice-President  (p.  77). 

For  appointment  of  Electors,  see  Sect.  4,  Par.  2,  Art.  II. 

Voting  of  the  Electors. — The  Electors  shall  meet  in 
their  respective  States,  and  vote  by  ballot  for  President 
and  Vice-President,  one  of  whom,  at  least,  shall  not  be 
an  inhabitant  of  the  same  State  with  themselves;  they 
shall  name  in  their  ballots  the  person  voted  for  as  Presi- 
dent, and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President, 

Electoral  Votes  to  he  Sent  to  Washington. — And  they 
shall  make  distinct  lists  of  all  persons  voted  for  as- 
President,  and  of  all  persons  voted  for  as  Vice-President, 
and  of  the  number  of  votes  for  each,  w^hich  lists  they 
shall  sign  and  certify,  and  transmit,  sealed,  to  the  seat 
of  the  government  of  the  United  States,  directed  to  the 
President  of  the  Senate. 

Counting  the  Electoral  Votes. — The  President  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of 


FEDERAL  CONSTITUTION.  161 

Representatives,  open  all  the  certificates,  and  the  votes 
shall  then  be  counted. 

Number  of  Electoral  Votes  Necessary  to  Elect  the  Presi- 
dent.— The  person  having  the  greatest  number  of  votes 
for  President  shall  be  the  President,  if  such  a  number  be 
a  majority  of  the  whole  number  of  Electors  appointed; 

Election  of  President  by  House  of  Representatives,  When 
and  How. — And  if  no  person  have  such  majority,  then 
from  the  persons  having  the  highest  numbers,  not  exceed- 
ing three,  on  the  list  of  those  voted  for  as  President,  the 
House  of  Representatives  shall  choose  immediately,  by 
ballot,  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from 
each  State  having  one  vote;  a  quorum  for  this  purpose 
shall  consist  of  a  member  or  members  from  two  thirds 
of  the  States,  and  a  majority  of  all  the  States  shall  be 
necessary  to  a  choice. 

When  no  Election  of  President  by  either  Electors  or 
House  of  Representatives,  Vice-President  to  act  as  Presi- 
dent,— And  if  the  House  of  Representatives  shall  not 
choose  a  President,  whenever  the  right  of  choice  shall 
devolve  upon  them,  before  the  fourth  day  of  March  next 
following,  then  the  Vice-President  shall  act  as  President, 
as  in  the  case  of  the  death  or  other  constitutional  disa- 
bility of  the  President. 
See  Sect.  1,  Par.  6,  Art.  II. 

Number  of  Electoral  Votes  Necessary  to  Elect  the  Vice- 
President. — The  person  having  the  greatest  number  of 
votes  as  Vice-President  shall  be  the  Vice-President,  if 
such  number  be  a  majority  of  the  whole  number  of 
Electors  appointed. 

Election  of  Vice-President  by  Senate^  When  and  How. — 
And  if  no  person  have  a  majority,  then  from  the  two 

11— CG 


162  CIVIL  GOVERNMENT. 

highest  numbers  on  the  list  the  Senate  shall  choose  the 
Vice-President;  a  quorum  for  the  purpose  shall  consist 
of  two  thirds  of  the  whole  number  of  Senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a 
choice. 

Qualifications  for  Vice-President. — But  no  person  con- 
stitutionally ineligible  to  the  office  of  President  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. — 
[Adopted  in  1804. 

For  qualifications  for  President,  see  Sect.  1,  Par.  5,  Art.  III.,  and 
Sect.  3  of  the  Fourteenth  Amendment. 

THIRTEENTH   AMENDMENT. 

1 .  Prohibition  of  Slavery. — Neither  slavery  nor  involun- 
tary servitude,  except  as  a  punishment  for  crime  whereof 
the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States,  or  any  place  subject  to  their 
jurisdiction. 

2.  Power  of  Congress  to  Enforce  this  Amendment. — 
Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. — [Adopted  in  1865. 

FOURTEENTH  AMENDMENT. 

Citizenship;  Rights  of  Citizens;  Representation;  Disquali- 
fications for  Office;   Public  ^Debt. 

1.  Citizenship;  Rights  of  Citizens  (-p-p.  62,92). — (a)  Citi- 
zenship Defined. — All  persons  born  or  naturalized  in  the 
United  States,  and  subject  to  the  jurisdiction  thereof,  are 
citizens  of  the  United  States  and  of  the  State  wherein 
they  reside. 

The  determination  of  citizenship  had  hitherto  been  left  to  the 
States. 

(b)  Protection  of  Citizens  of  the  United  States  from 
State  Action. — No  State  shall  make  or  enforce  any  law 


FEDERAL  CONSTITUTION.  163 

which  shall    abridge   the   privileges   or   immunities   of 
citizens  of  the  United  States; 

For  interstate  privileges  of  citizens  of  a  State,  see  Sect.  2,  Par.  1, 
Art.  IV. 

(c)  Protection  of  Life^  Liberty,  and  Property. — Nor  shall 
any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law; 

For  a  similar  prohibition  on  the  federal  government,  see  the 
Fifth  Amendment. 

(d)  Equal  Protection  of  the  Laws. — Nor  deny  to  any 
person  within  its  jurisdiction  the  equal  protection  of  the 
laws. 

2.  (a)  Apportionment  of  Representatives  (p.  48). — Rep- 
resentatives shall  be  apportioned  among  the  several 
States,  according  to  their  respective  numbers,  counting 
the  whole  number  of  persons  in  each  State,  excluding 
Indians  not  taxed. 

(b)  Reduction  of  Representation  in  Certain  Cases. — But 
when  the  right  to  vote  at  any  election  for  the  choice  of 
Electors  for  President  and  Vice-President  of  the  United 
States,  Representatives  in  Congress,  the  executive  and 
judicial  officers  of  a  State,  or  the  members  of  the  Legis- 
lature thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens 
of  the  United  States,  or  in  any  way  abridged,  except  for 
participation  in  rebellion  or  other  crime,  the  basis  of 
representation  therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to  the 
whole  number  of  male  citizens  twenty-one  years  of  age  in 
such  State. 

3.  Disqualification  for  Public  Office  because  of  Partici' 
pation  in  Rebellion. — No  person  shall  be  a  Senator  or 
Representative  in  Congress,  or  Elector  of  President  and 
Vice-President,  or  hold  any  office,  civil  or  military,  under 


164  CIVIL  GOVERNMENT. 

the  United  States  or  under  any  State,  who,  having  pre- 
viously taken  an  oath  as  a  member  of  Congress,  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any  State 
Legislature,  or  as  an  executive  or  judicial  officer  of  any 
State,  to  support  the  Constitution  of  the  United  States, 
shall  have  engaged  in  insurrection  or  rebellion  against 
the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two  thirds  of  each  house, 
remove  such  disability. 

4.  (a)  Guarantee  of  the  Public  Debt.  —  The  validity 
of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions 
and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned. 

(b)  Debt  in  Aid  of  Rebellion  Illegal. — But  neither  the 
United  States,  nor  any  State,  shall  assume  or  pay  any 
debt  or  obligation  incurred  in  aid  of  insurrection  or 
rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations,  and  claims  shall  be  held  illegal  and  void. 

5.  Power  of  Congress  to  Enforce  the  Fourteenth  Amend- 
ment.— The  Congress  shall  have  power  to  enforce  by 
appropriate  legislation  the  provisions  of  this  article. — 
[Adopted  in  1868. 

FIFTEENTH   AMENDMENT. 

1.  Right  of  the  Citizens  of  the  United  States  to  Vote 
Protected  (p.  95). — The  right  of  citizens  of  the  United 
States  to  vote  shall  not  be  denied  or  abridged  by  the 
United  States,  or  by  any  State,  on  account  of  race,  color, 
or  previous  condition  of  servitude. 

2.  Power  of  Congress  to  Enforce  this  Amendment. — The 
Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. — [Adopted  in  1870. 


ACT  OF  ADMISSION.  165 

ACT  OF  CONGRESS  ADMITTING  CALIFORNIA. 

SEPTEMBER  9,  1850. 


1.  The  State  of  California  shall  be  one,  and  is  hereby 
declared  to  be  one,  of  the  United  States  of  America,  and 
admitted  into  the  Union  on  an  equal  footing  with  the 
original  States  in  all  respects  whatever. 

2.  The  said  State  of  California  is  admitted  into  the 
Union  upon  the  express  condition  that  the  people  of 
said  State,  through  their  Legislature,  or  otherwise,  shall 
never  interfere  with  the  primary  disposal  of  the  public 
lands  within  its  limits,  and  shall  pass  no  law  and  do  >no 
act  whereby  the  title  of  the  United  States  to,  and  right 
to  dispose  of,  the  same  shall  be  impaired  or  questioned; 
and  that  they  shall  never  lay  any  tax,  or  assessment 
of  any  description  whatsoever,  upon  the  public  domain 
of  the  United  States;  and  in  no  case  shall  non-resident 
proprietors,  who  are  citizens  of  the  United  States,  be  taxed 
higher  than  residents;  and  that  all  the  navigable  waters 
within  the  said  State  shall  be  common  highways,  and 
forever  free,  as  well  to  the  inhabitants  of  said  State  as  to 
the  citizens  of  the  United  States,  without  any  tax,  impost, 
or  duty  therefor;  provided,  that  nothing  herein  contained 
shall  be  construed  as  recognizing  or  rejecting  the  propo- 
sitions tendered  by  the  people  of  California,  as  articles 
of  compact  in  the  ordinance  adopted  by  the  convention 
which  formed  the  Constitution  of  that  State. 

3.  All  the  laws  of  the  United  States  which  are  not 
locally  inapplicable  shall  have  the  same  force  and  effect 
within  the  said  State  of  California  as  elsewhere  within 
the  United  States. 


166  CIVIL  GOVERNMENT. 


CONSTITUTION  OF  THE  STATE^OF  CALIFORNIA. 


PREAMBLE. 

Purpose  of  the  Constitution. — We,  the  people  of  the 
State  of  California,  grateful  to  Almighty  God  for  our 
freedom,  in  order  to  secure  and  perpetuate  its  blessings, 
do  establish  this  Constitution. 


ARTICLE  I. 

DECLARATION    OP    RIGHTS.      ^ 

Section  1.  Rights  of  Man. — All  men  are  by  nature 
free  and  independent,  and  have  certain  inalienable  rights, 
among  which  are  those  of  enjoying  and  defending  life  and 
liberty;  acquiring,  possessing,  and  protecting  property; 
and  pursuing  and  obtaining  safety  and  happiness. 
(Compare  with  this  the  Declaration  of  Independence.) 

Sect.  2.  Government  for  and  hy  the  People. — All  polit- 
ical power  is  inherent  in  the  people.  Government  is 
instituted  for  the  protection,  security,  and  benefit  of  the 
people,  and  they  have  the  right  to  alter  or  reform  the 
same  whenever  the  public  good  may  require  it.  (Com- 
pare the  Declaration  of  Independence.) 

Sect.  3.  California  a  Part  of  the  Union. — The  State  of 
California  is  an  inseparable  part  of  the  American  Union, 
and  the  Constitution  of  the  United  States  is  the  supreme 
law  of  the  land.     (See  U.  S.  Const.,  Art.  VI.,  Par.  2.) 

Sect.  4.  Freedom  of  Religion. — The  free  exercise  and 
Enjoyment  of  religious  profession  and  worship,  without 


CONSTITUTION  OF  CALIFORNIA.  167 

discrimination  or  preference,  shall  forever  be  guaranteed 
in  this  State;  and  no  person  shall  be  rendered  incompe- 
tent to  be  a  witness  or  juror  on  account  of  his  opinions 
on  matters  of  religious  belief;  but  the  liberty  of  con- 
science hereby  secured  shall  not  be  construed  as  to 
excuse  acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  peace  or  safety  of  this  State.  (See  U.  S. 
Const.,  Amend.  I.) 

Sect.  5.  Habeas  Corpus. — The  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended  unless  when, 
in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  its  suspension.  (See  U.  S.  Const.,  Art.  I.,  Sect. 
9,  Par.  2.) 

Sect.  6.  Bail. —  Witnesses. — All  persons  shall  be  bail- 
able by  sufficient  sureties,  unless  for  capital  offenses 
when  the  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed;  nor  shall  cruel  or  unusual  punishment  be  in- 
flicted. Witnesses  shall  not  be  unreasonably  detained, 
nor  confined  in  any  room  where  criminals  are  actually 
imprisoned.     (See  U.  S.  Const.,  Amend.  VIII.) 

Sect.  7.  Jury  Trial. — The  right  of  trial  by  jury  shall 
be  secured  to  all,  and  remain  inviolate;  but  in  civil  actions 
three  fourths  of  the  jury  may  render  a  verdict.  A  trial 
by  jury  may  be  waived  in  all  criminal  cases  not  amount- 
ing to  felony,  by  the  consent  of  both  parties,  expressed  in 
open  court,  and  in  civil  actions  by  the  consent  of  the 
parties,  signified  in  such  manner  as  may  be  prescribed  by 
law.  In  civil  actions  and  cases  of  misdemeanor  the  jury 
may  consist  of  twelve,  or  of  any  number  less  than  twelve 
upon  which  the  parties  may  agree  in  open  court.  (See 
U.  S.  Const.,  Amend.  VI.  and  VII.) 

Sect.  8.  Indictments;  Informations;  Grand  Jury. — 
Offenses  heretofore  required  to  be  prosecuted  by  indict- 


168  CIVIL  GOVERNMENT. 

ment  shall  be  prosecuted  by  information,  after  examina- 
tion and  commitment  by  a  magistrate,  or  by  indictment, 
with  or  without  such  examination  and  commitment,  as 
may  be  prescribed  by  law.  A  grand  jury  shall  be  drawn 
and  summoned  at  least  once  a  year  in  each  county.  (See 
U.  S.  Const.,  Amend  V.) 

Sect.  9.  Freedom  of  Speech. — Libel  Suits. — Every  citi- 
zen may  freely  speak,  write,  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that 
right;  and  no  law  shall  be  passed  to  restrain  or  abridge 
the  liberty  of  speech  or  of  the  press.  In  all  criminal 
prosecutions  for  libels  the  truth  may  be  given  in  evidence 
to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted;  and  the  jury  shall  have  the  right  to 
determine  the  law  and  the  fact.  Indictments  found,  or 
information  laid,  for  publications  in  newspapers,  shall 
be  tried  in  the  county  where  such  newspapers  have  their 
publication  office,  or  in  the  county  where  the  party 
alleged  to  be  libeled  resided  at  the  time  of  the  alleged 
publication,  unless  the  place  of  trial  shall  be  changed  for 
good  cause.     (See  U.  S.  Const.,  Amend.  I.) 

Sect.  10.  Freedom  of  Assembling  and  Petitioning. — 
The  people  shall  have  the  right  to  freely  assemble  to- 
gether to  consult  for  the  common  good,  to  instruct  their 
representatives,  and  to  petition  the  Legislature  for  re- 
dress of  grievances.     (See  U.  S.  Const.,  Amend.  I.) 

Sect.  11.  Laws  to  be  Uniform. — All  laws  of  a  general 
nature  shall  have  a  uniform  operation. 

Sect.  12.  Military  Subordinate  to  Civil  Power. — The 
military  shall  be  subordinate  to  the  civil  power.  No 
standing  army  shall  be  kept  up  by  this  State  in  time  of 
peace,  and  no  soldier  shall,  in  time  of  peace,  be  quartered 


CONSTITUTION  OF  CALIFORNIA.     .  169 

in  any  house  without  the  consent  of  the  owner;  nor  in 
time  of  war,  except  in  the  manner  prescribed  by  law. 
(See  U.  S.  Const.,  Amend.  III.) 

Sect.  13.  Criminal  Trials;  Rights  of  the  Accused. — In 
criminal  prosecutions,  in  any  court  whatever,  the  party 
accused  shall  have  the  right  to  a  speedy  and  public  trial; 
to  have  the  process  of  the  court  to  compel  the  attend- 
ance of  witnesses  in  his  behalf,  and  to  appear  and  de- 
fend, in  person  and  with  counsel.  No  person  shall  be 
twice  put  in  jeopardy  for  the  same  oflense;  nor  be  com- 
pelled, in  any  criminal  case,  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property, 
without  due  process  of  law.  The  Legislature  shall  have 
power  to  provide  for  the  taking,  in  the  presence  of  the 
party  accused  and  his  counsel,  of  depositions  of  witnesses 
in  criminal  cases,  other  than  cases  of  homicide,  when  there 
is  reason  to  believe  that  the  witness,  from  inability  or 
other  cause,  will  not  attend  at  the  trial.  (See  U.  S. 
Const.,  Amend.  V.  and  VI.) 

Sect.  14.  Rights  of  Private  Property. — Private  prop- 
erty shall  not  be  taken  or  damaged  for  public  use  without 
just  compensation  having  been  first  made  to,  or  paid 
into  court  for,  the  owner,  and  no  right  of  way  shall  be 
appropriated  to  the  use  of  any  corporation  other  than 
municipal  until  full  compensation  therefor  be  first  made 
in  money  or  ascertained  and  paid  into  court  for  the 
owner,  irrespective  of  any  benefit  from  any  improvement 
proposed  by  such  corporation,  which  compensation  shall 
be  ascertained  by  a  jury,  unless  a  jury  be  waived,  as 
in  other  civil  cases  in  a  court  of  record,  as  shall  be 
prescribed  by  law.     (See  U.  S.  Const.,  Amend.  V.) 

Sect.  15.  Imprisonment  for  Debt  and  for  Militia  Fines 
Forbidden. — No  person  shall  be  imprisoned  for  debt  in 
any  civil  action,  on  mesne  or  final  process,  unless  in  cases 


170  CIVIL  GOVERNMENT. 

of  fraud,  nor  in  civil  actions  for  torts,  except  in  cases  of 
willful  injury  to  person  or  property;  and  no  person  shall 
be  imprisoned  for  a  militia  fine  in  time  of  peace. 

Sect.  16.  Bills  of  Attainder;  Ex  Post  Facto  Laws;  Obli- 
gation of  Contracts.— No  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligations  of  contracts,  shall 
ever  be  passed.     (See  U.  S.  Const.,  Art.  I.,  Sect.  10,  Par.  1.) 

Sect.  17.  Rights  of  Foreigners. — Foreigners  of  the  white 
race  or  of  African  descent,  eligible  to  become  citizens  of 
the  United  States  under  the  naturalization  laws  thereof, 
while  bona  fide  residents  of  this  State,  shall  have  the  same 
rights  in  respect  to  the  acquisition,  possession,  enjoyment, 
transmission,  and  inheritance  of  property  as  native-born 
citizens. 

Sect.  18.  Slavery  Prohibited.  —  Neither  slavery  nor 
involuntary  servitude,  unless  for  the  punishment  of 
crime,  shall  ever  be  tolerated  in  this  State.  (See  U.  S. 
Const.,  Amend.  XIII.) 

Sect.  19.  General  Warrants. — The  right  of  the  people 
to  be  secure  in  their  persons,  houses,  papers,  and  effects, 
against  unreasonable  seizures  and  searches,  shall  not  be 
violated;  and  no  warrant  shall  issue,  but  on  probable 
cause,  supported  by  oath  or  affirmation,  particularly 
describing  the  place  to  be  searched  and  the  persons  and 
things  to  be  seized.     (See  U.  S.  Const.,  Amend.  IV.) 

Sect.  20.  Treason. — Treason  against  the  State  shall 
consist  only  in  levying  war  against  it,  adhering  to  its 
enemies,  or  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason  unless  on  the  evidence  of 
two  witnesses  to  the  same  overt  act,  or  confession  in  open 
court;     (See  U.  S.  Const.,  Art.  III.,  Sect.  8,  Par.  1.) 

Sect.  21 .  Special  Privileges,  Limitations  on. — No  special 
privileges  or  immunities  shall  ever  be  granted  which 
may  not  be  altered,  revoked,  or  repealed  by  the  Legis- 


CONSTITUTION  OF  CALIFORNIA.  171 

lature,  nor  shall  any  citizen,  or  class  of  citizens,  be 
granted  privileges  or  immunities  which,  upon  the  same 
terms,  shall  not  be  granted  to  all  citizens. 

Sect.  22.  The  Constitution  Mandatory. — The  provis- 
ions of  this  Constitution  are  mandatory  and  prohibitory, 
unless  by  express  words  they  are  declared  to  be  other- 
wise. 

Sect.  23.  Rights  Retained  by  the  People. — This  enu- 
meration of  rights  shall  not  be  construed  to  impair  or 
deny  others  retained  by  the  people.  (See  U.  S.  Const., 
Amend.  IX.) 

Sect.  24.  Property  Qualification  Forbidden. — No  prop- 
erty qualification  shall  ever  be  required  for  any  person 
to  vote  or  hold  office. 


ARTICLE  II. 

SUFFRAGE    AND    ELECTIONS. 

Section  1.  Who  may  Vote. —  Who  may  not  Vote. — 
Every  native  male  citizen  of  the  United  States,  every 
male  person  who  shall  have  acquired  the  rights  of  citi- 
zenship under  or  by  virtue  of  the  treaty  of  Queretaro, 
and  every  male  naturalized  citizen  thereof,  who  shall 
have  become  such  ninety  days  prior  to  any  election,  of 
the  age  of  twenty-one  years,  who  shall  have  been  a  resi- 
dent of  the  State  one  year  next  preceding  the  election, 
and  of  the  county  in  which  he  claims  his  vote  ninety 
days,  and  in  the  election  precinct  thirty  days,  shall  be 
entitled  to  vote  at  all  elections  which  are  now  or  may 
hereafter  be  authorized  by  law;  provided,  no  native  of 
China,  no  idiot,  insane  person,  or  person  convicted  of  any 
infamous  crime,  and  no  person  hereafter  convicted  of  the 
embezzlement  or  misappropriation  of  public  money,  shall 
ever  exercise  the  privileges  of  an  elector  in  this  State. 


172  CIVIL  GOVERNMENT. 

Sect.  2.  Privileges  of  Voters. — Electors  shall  in  all 
cases,  except  treason,  felony,  or  breach  of  the  peace,  be 
privileged  from  arrest  on  the  days  of  election,  during 
their  attendance  at  such  election,  going  to  and  returning 
therefrom. 

Sect.  3.  Voters,  and  Militia  Duty. — No  elector  shall  be 
obliged  to  perform  militia  duty  on  the  day  of  election, 
except  in  time  of  war  or  public  danger. 

Sect.  4.  Residence  of  Voters  in  Certain  Cases. — For  the 
purpose  of  voting,  no  person  shall  be  deemed  to  have 
gained  or  lost  a  residence  by  reason  of  his  presence  or 
absence  while,  employed  in  the  service  of  the  United 
States,  nor  while  engaged  in  the  navigation  of  the  waters 
of  this  State  or  of  the  United  States,  or  of  the  high  seas; 
nor  while  a  student  at  any  seminary  of  learning;  nor 
while  kept  at  any  almshouse  or  other  asylum,  at  public 
expense;  nor  while  confined  in  any  public  prison. 

Sect.  5.  Elections  to  he  by  Ballot. — All  elections  by  the 
people  shall  be  by  ballot. 


ARTICLE  III. 

DISTRTBUTTON   OF    THE    POWERS    OF   GOVERNMENT. 

Section  1.  Three  Departments  of  Government. — The 
powers  of  the  government  of  the  State  of  California  shall 
be  divided  into  three  separate  departments — the  legisla- 
tive, executive,  and  judicial;  and  no  person  charged  with 
the  exercise  of  powers  properly  belonging  to  one  of  these 
departments  shall  exercise  any  functions  appertaining 
to  either  of  the  others,  except  as  in  this  Constitution 
expressly  directed  or  permitted. 


CONSTITUTION  OF  CALIFORNIA.  173 

ARTICLE  IV. 

LEGISLATIVE    DEPARTMENT. 

Section  1.  The  Legislative  Power.  —  The  legislative 
power  of  this  State  shall  be  vested  in  a  Senate  and 
Assembly,  which  shall  be  designated  the  Legislature  of 
the  State  of  California,  and  the  enacting  clause  of  every 
law  shall  be  as  follows:  "The  People  of  the  State  of 
California,  represented  in  Senate  and  Assembly,  do  enact 
as  follows."     (Compare  U.  S.  Const.,  Art.  I.,  Sect.  1.) 

Sect.  2.  Sessions  of  the  Legislature. — The  sessions  of 
the  Legislature  shall  commence  at  twelve  o'clock  m.  on 
the  first  Monday  after  the  first  day  of  January  next 
succeeding  the  election  of  its  members,  and,  after  the 
election  held  in  the  year  eighteen  hundred  and  eighty, 
shall  be  biennial,  unless  the  Governor  shall,  in  the 
interim,  convene  the  Legislature  by  proclamation. 

Limitation  on  Length  of  Sessions.  —  No  pay  shall  be 
allowed  to  members  for  a  longer  time  than  sixty  days, 
except  for  the  first  session  after  the  adoption  of  this 
Constitution,  for  which  they  may  be  allowed  pay  for  one 
hundred  days.  And  no  bill  shall  be  introduced,  in  either 
house,  after  the  expiration  of  ninety  days  from  the  com- 
mencement of  the  first  session,  nor  after  fifty  days  after 
the  commencement  of  each  succeeding  session,  without 
the  consent  of  two  thirds  of  the  members  thereof. 

Sect.  3.  Elections  of  Assemblymen. — Members  of  the 
Assembly  shall  be  elected  in  the  year  eighteen  hundred 
and  seventy-nine,  at  the  time  and  in  the  manner  now 
provided  by  law.  The  second  election  of  members  of  the 
Assembly,  after  the  adoption  of  this  Constitution,  shall 
be  on  the  first  Tuesday  after  the  first  Monday  in  Novem- 
ber, eighteen  hundred  and  eighty.  Thereafter  members 
of  the  Assembly  shall  be  chosen  biennially,  and  their 


174  J  CIVIL  GOVERNMENT. 

term  of  office  shall  be  two  years;  and  each  election  shall  be 
on  the  first  Tuesday  after  the  first  Monday  in  November, 
unless  otherwise  ordered  by  the  Legislature.  (Compare 
U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  1.) 

Sect.  4.  Elections  of  Senators.  —  Senators  shall  be 
chosen  for  the  term  of  four  years,  at  the  same  time  and 
places  as  members  of  the  Assembly. 

Qualifications  of  Senators  and  of  Assemblymen. — And 
no  person  shall  be  a  member  of  the  Senate  or  Assembly 
who  has  not  been  a  citizen  and  inhabitant  of  the  State 
three  years,  and  of  the  district  for  which  he  shall  be 
chosen  one  year  next  before  his  election.  (Compare  U.  S. 
Const.,  Art.  I.,  Sect.  2,  Par.  2;  Sect.  3,  Par.  1,  3.) 

Sect.  5.  Number  of  Senators  and  of  Assemblymen. — The 
Senate  shall  consist  of  forty  members,  and  the  Assembly 
of  eighty  members,  to  be  elected  by  districts,  numbered  as 
hereinafter  provided.  The  seats  of  the  twenty  Senators 
elected  in  the  year  eighteen  hundred  and  eighty-two 
from  the  odd-numbered  districts  shall  be  vacated  at  the 
expiration  of  the  second  year,  so  that  one  half  of  the 
Senators  shall  be  elected  every  two  years;  provided,  that 
all  the  Senators  elected  at  the  first  election  under  this 
Constitution  shall  hold  office  for  the  term  of  three  years. 
(Compare  U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  3;  Sect.  3, 
Par.  1,2;  Amend.  XIV.,  Sect.  2.) 

Sect.  6.  Senatorial  and  Assembly  Districts. — For  the 
purpose  of  choosing  members  of  the  Legislature,  the  State 
shall  be  divided  into  forty  senatorial  and  eighty  assembly 
districts,  as  nearly  equal  in  population  as  -may  be,  and 
composed  of  contiguous  territory,  to  be  called  senatorial 
and  assembly  districts.  Each  senatorial  district  shall 
choose  one  Senator,  and  each  assembly  district  shall  choose 
one  member  of  Assembly.  The  senatorial  districts  shall 
be  numbered  from  one  to  forty,  inclusive,  in  numerical 


CONSTITUTION  OF  CALIFORNIA.  175 

order,  and  the  assembly  districts  shall  be  numbered  from 
one  to  eighty,  in  the  same  order,  commencing  at  the 
northern  boundary  of  the  State,  and  ending  at  the  south- 
ern boundary  thereof.  In  the  formation  of  such  districts 
no  county,  or  city  and  county,  shall  be  divided,  unless  it 
contains  sufficient  population  within  itself  to  form  two  or 
more  districts,  nor  shall  a  part  of  any  county,  or  of  any 
city  and  county,  be  united  with  any  other  county,  or  city 
and  county,  in  forming  any  district.  The  census  taken 
under  the  direction  of  the  Congress  of  the  United  States 
in  the  year  one  thousand  eight  hundred  and  eighty,  and 
every  ten  years  thereafter,  shall  be  the  basis  of  fixing 
and  adjusting  the  legislative  districts;  and  the  Legisla- 
ture shall,  at  its  first  session  after  each  census,  adjust 
such  districts  and  reapportion  the  representation  so  as 
to  preserve  them  as  near  equal  in  population  as  may 
be.  But  in  making  such  adjustment  no  persons  who 
are  not  eligible  to  become  citizens  of  the  United  States, 
under  the  naturalization  laws,  shall  be  counted  as  form- 
ing a  part  of  the  population  of  any  district.  Until 
such  districting  as  herein  provided  for  shall  be  made. 
Senators  and  Assemblymen  shall  be  elected  by  the  dis- 
tricts according  to  the  apportionment  now  provided  for 
by  law. 

Sect.  7.  Power  of  either  House  over  its  Members. — Each 
house  shall  choose  its  officers,  and  judge  of  the  qualifica- 
tions, elections,  and  returns  of  its  members.  (Compare 
U.  S.  Const.,  Art.  I.,  Sect.  2,  Par.  5;  Sect.  3,  Par.  5;  Sect. 
5,  Par.  1.) 

Sect.  8.  Quorum.  —  A  majority  of  each  house  shall 
constitute  a  quorum  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel  the  at- 
tendance of  absent  members  in  such  manner,  and  under 
such  penalties,  as  each  house  may  provide.  (Compare 
U.  S.  Const.,  Art.  I.,  Sect.  5,  Par.  1.) 


176  CIVIL  GOVERNMENT. 

Sect.  9.  Organization  of  either  House. — Expulsion  of 
Members. — Each  house  shall  determine  the  rule  of  its 
proceeding,  and  may,  with  the  concurrence  of  two  thirds 
of  all  the  members  elected,  expel  a  member.  (Compare 
U.  S.  Const.,  Art.  I.,  Sect.  5,  Par.  2.) 

Sect.  10.  Journal. — Each  house  shall  keep  a  journal 
of  its  proceedings,  and  publish  the  same,  and  the  yeas 
and  nays  of  the  members  of  either  house,  on  any  ques- 
tion, shall,  at  the  desire  of  any  three  members  present, 
be  entered  on  the  journal.  (Compare  U.  S.  Const.,  Art. 
I.,  Sect.  5,  Par.  3.) 

Sect.  11.  Privileges  of  Members  of  the  Legislature. — 
Members  of  the  Legislature  shall,  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged 
from  arrest,  and  shall  not  be  subject  to  any  civil  process 
during  the  session  of  the  Legislature,  nor  for  fifteen  days 
next  before  the  commencement  and  after  the  termination 
of  each  session.  (Compare  U.  S.  Const.,  Art.  I.,  Sect.  6, 
Par.  1.) 

Sect.  12.  Vacancies. — When  vacancies  occur  in  either 
house,  the  Governor,  or  the  person  exercising  the  func- 
tions of  the  Governor,  shall  issue  writs  of  election  to  fill 
such  vacancies.  (Compare  U.  S.  Const.,  Art.  I.,  Sect.  2, 
Par.  4;  Sect.  3,  Par.  2.) 

Sect.  13.  Meetings  to  be  Open. — The  doors  of  each 
house  shall  be  open,  except  on  such  occasions  as,  in  the 
opinion  of  the  house,  may  require  secrecy.  (Compare 
U.  S.  Const.,  Art.  I.,  Sect.  5,  Par.  3.) 

Sect.  14.  Adjournment. — Neither  house  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three 
days,  nor  to  any  place  other  than  that  in  which  they 
may  be  sitting.  Nor  shall  the  members  of  either  house 
draw  pay  for  any  recess  or  adjournment  for  a  longer 
time  than  three  days.  (Compare  U.  S.  Const.,  Art.  I., 
Sect.  5,  Par.  4.) 


CONSTITUTION  OF  CALIFORNIA.  177 

Skct.  15.  Process  of  Passing  Laws. — No  law  shall  be 
passed  except  by  bill.  Nor  shall  any  bill  be  put  upon 
its  final  passage  until  the  same,  with  the  amendments 
thereto,  shall  have  been  printed  for  the  use  of  the  mem- 
bers; nor  shall  any  bill  become  a  law  unless  the  same 
be  read  on  three  several  days  in  each  house,  unless,  in 
case  of  urgency,  two  thirds  of  the  house  where  such 
bill  may  be  pending  shall,  by  a  vote  of  yeas  and  nays, 
dispense  with  this  provision.  Any  bill  may  originate 
in  either  house,  but  may  be  amended  or  rejected  by  the 
other;  and  on  the  final  passage  of  all  bills  they  shall 
be  read  at  length,  and  the  vote  shall  be  by  yeas  and 
nays  upon  each  bill  separately,  and  shall  be  entered  on 
the  journal;  and  no  bill  shall  become  a  law  without  the 
concurrence  of  a  majority  of  the  members  elected  to  each 
house. 

Sect.  16.  Process  of  Passing  Laws,  continued. — Partici- 
pation of  the  Governor  in  Legislation. — Every  bill  which 
may  have  passed  the  Legislature  shall,  before  it  becomes 
a  law,  be  presented  to  the  Governor.  If  he  approve  it, 
he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  originated,  which 
shall  enter  such  objections  upon  the  journal  and  pro- 
ceed to  reconsider  it.  If,  after  such  reconsideration, 
it  again  pass  both  houses,  by  yeas  and  nays,  two  thirds 
of  the  members  elected  to  each  house  voting  therefor,  it 
shall  become  a  law,  notwithstanding  the  Governor's 
objections.  If  any  bill  shall  not  be  returned  within  ten 
days  after  it  shall  have  been  presented  to  him  (Sundays 
excepted),  the  same  shall  become  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  Legislature,  by  adjourn- 
ment, prevents  such  return,  in  which  case  it  shall  not 
become  a  law,  unless  the  Governor,  within  ten  days  after 
such  adjournment  (Sundays  excepted),  shall  sign  and 
deposit  the  same  in  the  office  of  the  Secretary  of  State,  in 

12— CO 


178  CIVIL  GOVERNMENT. 

which  case  it  shall  become  a  law  in  like  manner  as  if  it 
had  been  signed  by  him  before  adjournment.  If  any 
bill  presented  to  the  Governor  contains  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more 
items,  while  approving  other  portions  of  the  bill.  In 
such  case  he  shall  append  to  the  bill,  at  the  time  of  sign- 
ing it,  a  statement  of  the  items  to  which  he  objects,  and 
the  reasons  therefor,  and  the  appropriation  so  objected 
to  shall  not  take  eftect  unless  passed  over  the  Governor's 
veto,  as  hereinbefore  provided.  If  the  Legislature  be  in 
session,  the  Governor  shall  transmit  to  the  house  in 
which  the  bill  originated  a  copy  of  such  statement,  and 
the  items  so  objected  to  shall  be  separately  reconsidered 
in  the  same  manner  as  bills  which  have  been  disap- 
proved by  the  Governor.  (See  U.  S.  Const.,  Art.  I.,  Sect. 
7,  Par.  2.) 

Sect.  17.  Impeachments. — The  Assembly  shall  have 
the  sole  power  of  impeachment,  and  all  impeachments 
shall  be  tried  by  the  Senate.  When  sitting  for  that 
purpose,  the  Senators  shall  be  upon  oath  or  affirmation, 
and  no  person  shall  be  convicted  without  the  concurrence 
of  two  thirds  of  the  members  elected.  (Compare  U.  S. 
Const.,  Art.  I.,  Sect.  2,  Par.  5;  Sect.  3,  Par.  6.) 

Sect.  18.  Officers  Subject  to  Impeachment. — The  Gover- 
nor, Lieutenant-Governor,  Secretary  of  State,  Controller, 
Treasurer,  Attorney-General,  Surveyor-General,  Chief 
Justice  and  Associate  Justices  of  the  Supreme  Court,  and 
Judges  of  the  Superior  Courts,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office. 

Effect  of  Conviction. — But  judgment  in  such  cases  shall 
extend  only  to  removal  from  office,  and  disqualification 
to  hold  any  office  of  honor,  trust,  or  profit  under  the 
State;  but  the  party  convicted  or  acquitted  shall  never- 
theless be  liable  to  indictment,  trial,  and  punishment, 
according  to  law.     All  other  civil  officers  shall  be  tried 


CONSTITUTION  OF  CALIFORNIA.  179 

for  misdemeanor  in  office  in  such  manner  as  the  Legisla- 
ture may  provide.  (Compare  U.  S.  Const.,  Art.  I.,  Sect.  3, 
Par.  7;  Art.  II.,  Sect.  4.) 

Sect.  19.  Members  of  the  Legislature  not  Eligible  to 
Certain  Offices. — No  Senator  or  member  of  Assembly 
shall,  during  the  term  for  which  he  shall  have  been 
elected,  be  appointed  to  any  civil  office  of  profit  under 
this  State  which  shall  have  been  created  or  the  emolu- 
ments of  which  have  been  increased  during  such  term, 
except  such  offices  as  may  be  filled  by  election  by  the 
people.     (Compare  U.  S,  Const.,  Art.  I.,  Sect.  6,  Par.  2.) 

Sect.  20.  United  States  Officers  not  Eligible  to  Office. — 
No  person  holding  any  lucrative  office  under  the  United 
States,  or  any  other  power,  shall  be  eligible  to  any  civil 
office  of  profit  under  this  State;  provided,  that  officers  in 
the  militia,  who  receive  no  annual  salary,  local  officers,  or 
postmasters  whose  compensation  does  not  exceed  five 
hundred  dollars  per  annum,  shall  not  be  deemed  to  hold 
lucrative  offices.  (Compare  U.  S.  Const.,  Art.  I.,  Sect.  6, 
Par.  2.) 

Sect.  21.  Embezzlers  of  Public  Funds  not  Eligible  to 
Office. — No  person  convicted  of  the  embezzlement  or  de- 
falcation of  the  public  funds  of  the  United  States,  or  of 
any  State,  or  of  any  county  or  municipality  therein,  shall 
ever  be  eligible  to  any  office  of  honor,  trust,  or  profit 
under  this  State,  and  the  Legislature  shall  provide,  by 
law,  for  the  punishment  of  embezzlement  or  defalcation 
as  a  felony. 

Sect.  22.  Money  Appropriated  for  What,  and  How 
Drawn  from  the  Treasury. — No  money  shall  be  drawn 
from  the  treasury  but  in  consequence  of  appropriations 
made  by  law,  and  upon  warrants  duly  drawn  thereon  by 
the  Controller;  and  no  money  shall  ever  be  appropriated 
or  drawn  from  the  State  treasury  for  the  use  or  benefit  of 
any  corporation,  association,  asylum,  hospital,  or   any 


180  CIVIL  GOVERNMENT. 

other  institution  not  under  the  exclusive  management 
and  control  of  the  State  as  a  State  institution,  nor  shall 
any  grant  or  donation  of  property  ever  be  made  thereto 
by  the  State;  provided,  that  notwithstanding  anything 
contained  in  this  or  any  other  section  of  this  Constitu- 
tion, the  Legislature  shall  have  the  power  to  grant  aid  to 
institutions  conducted  for  the  support  and  maintenance 
of  minor  orphans,  or  half  orphans,  or  abandoned  chil- 
dren, or  aged  persons  in  indigent  circumstances — such 
aid  to  be  granted  by  a  uniform  rule,  and  proportioned  to 
the  number  of  inmates  of  such  respective  institutions; 
'provided  further,  that  the  State  shall  have,  at  any  time, 
the  right  to  inquire  into  the  management  of  such  insti- 
tution; provided  further,  that  whenever  any  county,  or 
city  and  county,  or  city,  or  town,  shall  provide  for  the 
support  of  minor  orphans,  or  half  orphans,  or  aban- 
doned children,  or  aged  persons  in  indigent  circum- 
stances, such  county,  city  and  county,  city,  or  town, 
shall  be  entitled  to  receive  the  same  pro  rata  appro- 
priations as  may  be  granted  to  such  institutions  under 
church  or  other  control.  An  accurate  statement  of  the 
receipts  and  expenditures  of  public  moneys  shall  be 
attached  to  and  published  with  the  laws  at  every  regular 
session  of  the  Legislature.  (Compare  U.  S.  Const.,  Art. 
I.,  Sect.  9,  Par.  7.) 

Sect.  23.  Compensation  of  Members  of  the  Legislature. 
The  members  of  the  Legislature  shall  receive  for  their 
services  a  per  diem  and  mileage,  to  be  fixed  by  law,  and 
paid  out  of  the  public  treasury;  such  per  diem  shall  not 
exceed  eight  dollars,  and  such  mileage  shall  not  exceed 
ten  cents  per  mile,  and  for  contingent  expenses  not  ex- 
ceeding twenty-five  dollars  for  each  session.  No  increase 
in  compensation  or  mileage  shall  take  effect  during  the 
term  for  which  the  members  of  either  house  shall  have 
been  elected,  and  the  pay  of  no  attache  shall  be  increased 


CONSTITUTION  OF  CALIFORNIA.  181 

after  he  is  elected  or  appointed.  (Compare  U.  S.  Const., 
Art.  I.,  Sect.  6,  Par.  1.) 

Sect.  24.  Every  Act  to  Embrace  hut  One  Subject, — Sub- 
ject to  be  in  Title. — Every  act  shall  embrace  but  one 
subject,  which  subject  shall  be  expressed  in  its  title.  But 
if  any  subject  shall  be  embraced  in  an  act  which  shall  not 
be  expressed  in  its  title,  such  act  shall  be  void  only  as  to 
so  much  thereof  as  shall  not  be  expressed  in  its  title. 

Amending  Acts. — No  law  shall  be  revised  or  amended 
by  reference  to  its  title;  but  in  such  case  the  act  revised 
or  section  amended  shall  be  reenacted  and  published  at 
length  as  revised  or  amended. 

English  Language  to  be  Used.  —  And  all  laws  of  the 
State  of  California,  and  all  official  writings,  and  the 
executive,  legislative,  and  judicial  proceedings,  shall  be 
conducted,  preserved,  and  published  in  no  other  than  the 
English  language. 

Sect.  25.  Local  and  Special  Legislation  Forbidden  in 
Certain  Cases. — The  Legislature  shall  not  pass  local  or 
special  laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say: 

First — Regulating  the  jurisdiction  and  duties  of  jus- 
tices of  the  peace,  police  judges,  and  of  constables. 

Second — For  the  punishment  of  crimes  and  misde- 
meanors. 

Third — Regulating  the  practice  of  courts  of  justice. 

Fourth — Providing  for  changing  the  venue  in  civil  or 
criminal  actions. 

Fifth — Granting  divorces. 

Sixth — Changing  the  names  of  persons  or  places. 

Seventh — Authorizing  the  laying  out,  opening,  altering, 
maintaining,  or  vacating  roads,  highways,  streets,  alleys, 
town  plots,  parks,  cemeteries,  graveyards,  or  public 
grounds  not  owned  by  the  State. 


182  CIVIL  GOVERNMENT. 

Eighth — Summoning  and  impaneling  grand  and  petit 
juries,  and  providing  for  their  compensation. 

Ninth — Regulating  county  and  township  business,  or 
the  election  of  county  and  township  officers. 

Tenth — For  the  assessment  or  collection  of  taxes. 

Eleventh — Providing  for  conducting  elections,  or  desig- 
nating the  places  of  voting,  except  on  the  organization  of 
new  counties. 

Twelfth — Affecting  estates  of  deceased  persons,  minors, 
or  other  persons  under  legal  disabilities. 

Thirteenth — Extending  the  time  for  the  collection  of 
taxes. 

Fourteenth — Giving  effect  to  invalid  deeds,  wills,  or 
other  instruments. 

Fifteenth  —  Refunding  money  paid  into  the  State 
treasury. 

Sixteenth — Releasing  or  extinguishing,  in  whole  or  in 
part,  the  indebtedness,  liability,  or  obligation  of  any  cor- 
poration or  person  to  this  State,  or  to  any  municipal 
corporation  therein. 

Seventeenth — Declaring  any  person  of  age,  or  author- 
izing any  minor  to  sell,  lease,  or  incumber  his  or  her 
property. 

Eighteenth — Legalizing,  except  as  against  the  State,  the 
unauthorized  or  invalid  act  of  any  officer. 

Nineteenth — Granting  to  any  corporation,  association, 
or  individual,  any  special  or  exclusive  right,  privilege,  or 
immunity. 

Twentieth — Exempting  property  from  taxation. 

Twenty-first — Changing  county  seats. 

Twenty-second — Restoring  to  citizenship  persons  con- 
victed of  infamous  crimes. 

Twenty-third  —  Regulating  the  rate  of  interest  on 
money. 


CONSTITUTION  OF  CALIFORNIA.  183 

Twenty-fourth — Authorizing  the  creation,  extension,  or 
impairing  of  liens. 

Twenty-fifth — Chartering  or  licensing  ferries,  bridges, 
or  roads. 

Twenty-sixth — Remitting  fines,  penalties,  or  forfeitures. 

Twenty-seventh  —  Providing  for  the  management  of 
common  schools. 

Twenty -eighth  —  Creating  offices,  or  prescribing  the 
powers  and  duties  of  officers  in  counties,  cities,  cities 
and  counties,  townships,  election  or  school  districts. 

Twenty-ninth  —  Affecting  the  fees  or  salary  of  any 
officer. 

Thirtieth — Changing  the  law  of  descent  or  succession. 

Thirty-first — Authorizing  the  adoption  or  legitimation 
of  children. 

Thirty-second  —  For  limitation  of  civil  or  criminal 
actions. 

Thirty-third — In  all  other  cases  where  a  general  law 
can  be  made  applicable. 

Sect.  26.  Lotteries  Prohibited. — The  Legislature  shall 
have  no  power  to  authorize  lotteries  or  gift  enterprises 
for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale 
in  this  State  of  lottery  or  gift  enterprise  tickets,  or  tickets 
in  any  scheme  in  the  nature  of  a  lottery. 

Buying  and  Selling  Stock  to  be  Regulated. — The  Legis- 
lature shall  pass  laws  to  regulate  or  prohibit  the  buying 
and  selling  of  the  shares  of  the  capital  stock  of  corpora- 
tions in  any  stock  board,  stock  exchange,  or  stock  market 
under  the  control  of  any  association.  All  contracts  for 
the  sale  of  shares  of  the  capital  stock  of  any  corporation 
or  association,  on  margin,  or  to  be  delivered  at  a  future 
day,  shall  be  void,  and  any  money  paid  on  such  contracts 
may  be  recovered  by  the  party  paying  it  by  suit  in  any 
court  of  competent  jurisdiction. 


184  CIVIL  GOVERNMENT. 

Sect.  27.  Formation  of  Congressional  Districts. — When 
a  congressional  district  shall  be  composed  of  two  or  more 
counties,  it  shall  not  be  separated  by  any  county  belong- 
ing to  another  district.  No  county,  or  city  and  county, 
shall  be  divided  in  forming  a  congressional  district  so  as 
to  attach  one  portion  of  a  county,  or  city  and  county,  to 
another  county,  or  city  and  county,  except  in  cases  where 
one  county,  or  city  and  county,  has  more  population  than 
the  ratio  required  for  one  or  more  Congressmen;  but  the 
Legislature  may  divide  any  county,  or  city  and  county, 
into  as  many  congressional  districts  as  it  may  be  entitled 
to  by  law.  Any  county,  or  city  and  county,  containing 
a  population  greater  than  the  number  required  for  one 
congressional  district,  shall  be  formed  into  one  or  more 
congressional  districts,  according  to  the  population 
thereof,  and  any  residue,  after  forming  such  district 
or  districts,  shall  be  attached  by  compact  adjoining 
assembly  districts,  to  a  contiguous  county  or  counties, 
and  form  a  congressional  district.  In  dividing  a  county, 
or  city  and  county,  into  congressional  districts,  no 
assembly  district  shall  be  divided  so  as  to  form  a  part 
of  more  than  one  congressional  district,  and  every  such 
congressional  district  shall  be  composed  of  compact 
contiguous  assembly  districts. 

Sect.  28.  Elections  by  Legislature. — In  all  elections 
by  the  Legislature  the  members  thereof  shall  vote  viva 
voce,  and  the  votes  shall  be  entered  on  the  journal. 

Sect.  29.  General  Appropriation  Bill,  to  Contain  What. 
The  general  appropriation  bill  shall  contain  no  item  or 
items  of  appropriation  other  than  such  as  are  required  to 
pay  the  salaries  of  the  State  officers,  the  expenses  of  the 
government,  and  of  the  institutions  under  the  exclusive 
control  and  management  of  the  State. 

Sect.  30.  Public  Support  of  Sects  and  Sectarian  Schools 
Forbidden. — Neither  the  Legislature,  nor  any  county,  city 


CONSTITUTION  OF  CALIFORNIA.  185 

and  county,  township,  school  district,  or  other  municipal 
corporation,  shall  ever  make  an  appropriation,  or  pay 
from  any  public  fund  whatever,  or  grant  anything  to  or 
in  aid  of  any  religious  sect,  church,  creed,  or  sectarian 
purpose,  or  help  to  support  or  sustain  any  school,  college, 
university,  hospital,  or  other  institution  controlled  by 
any  religious  creed,  church,  or  sectarian  denomination 
whatever;  nor  shall  any  grant  or  donation  of  personal 
property  or  real  estate  ever  be  made  by. the  State,  or  any 
city,  city  and  county,  town,  or  other  municipal  corpora- 
tion, for  any  religious  creed,  church,  or  sectarian  purpose 
whatever;  'provided,  that  nothing  in  this  section  shall 
prevent  the  Legislature  granting  aid  pursuant  to  section 
twenty-two  of  this  article. 

Sect.  31.  Public  Credit  to  Corporations  Forbidden. — 
The  Legislature  shall  have  no  power  to  give  or  to  lend, 
or  to  authorize  the  giving  or  lending,  of  the  credit  of  the 
State,  or  of  any  county,  city  and  county,  city,  township, 
or  other  political  corporation  or  subdivision  of  the  State 
now  existing,  or  that  may  be  hereafter  established,  in  aid 
of  or  to  any  person,  association,  or  corporation,  whether 
.  municipal  or  otherwise,  or  to  pledge  the  credit  thereof, 
in  any  manner  whatever,  for  the  payment  of  the  liabili- 
ties of  any  individual,  association,  municipal  or  other 
corporation  whatever;  nor  shall  it  have  power  to  make 
any  gift,  or  authorize  the  making  of  any  gift,  of  any 
public  money  or  thing  of  value  to  any  individual,  munici- 
pal or  other  corporation  whatever;  provided,  that  nothing 
in  this  section  shall  prevent  the  Legislature  granting 
aid  pursuant  to  section  twenty-two  of  this  article;  and 
it  shall  not  have  power  to  authorize  the  State,  or  any 
political  subdivision  thereof,  to  subscribe  for  stock,  or  to 
become  a  stockholder  in  any  corporation  whatever. 

Sect.  32.  Extra  Compensation  to  Officers  and  Contract- 
ors Forbidden. — The  Legislature  shall  have  no  power  to 


186  CIVIL  GOVERNMENT. 

grant,  or  authorize  any  county  or  municipal  authority 
to  grant,  any  extra  compensation  or  allowance  to  any 
public  officer,  agent,  servant,  or  contractor,  after  service 
has  been  rendered,  or  a  contract  has  been  entered  into 
and  performed,  in  whole  or  in  part,  nor  to  pay,  or  to 
authorize  the  payment  of,  any  claim  hereafter  created 
against  the  State,  or  any  county  or  municipality  of  the 
State,  under  any  agreement  or  contract  made  without 
express  authority  of  law;  and  all  such  unauthorized 
agreements  or  contracts  shall  be  null  and  void. 

Sect.  33.  Regulation  of  Charges  by  Certain  Corpora- 
tions.— The  Legislature  shall  pass  laws  for  the  regulation 
and  limitation  of  the  charges  for  services  performed  and 
commodities  furnished  by  telegraph  and  gas  corporations, 
and  the  charges  by  corporations  or  individuals  for  storage 
and  wharfage  in  which  there  is  a  public  use;  and  where 
laws  shall  provide  for  the  selection  of  any  person  or 
officer  to  regulate  and  limit  such  rates,  no  such  person  or 
officer  shall  be  selected  by  any  corporation  or  individual 
interested  in  the  business  to  be  regulated,  and  no  person 
shall  be  selected  who  is  an  officer  or  stockholder  in  any 
such  corporation. 

Sect.  34.  Appropriation  Bills  to  Contain  hut  One  Item. 
No  bill  making  an  appropriation  of  money,  except  the 
general  appropriation  bill,  shall  contain  more  than  one 
item  of  appropriation,  and  that  for  one  single  and  certain 
purpose  to  be  therein  expressed. 

Sect.  35.  Punishment  of  Bribery. — Any  person  who 
seeks  to  influence  the  vote  of  a  member  of  the  Legisla- 
ture by  bribery,  promise  of  reward,  intimidation,  or  any 
other  dishonest  means,  shall  be  guilty  of  lobbying,  which 
is  hereby  declared  a  felony;  and  it  shall  be  the  duty  of 
the  Legislature  to  provide,  by  law,  for  the  punishment 
of  this  crime.  Any  member  of  the  Legislature,  who 
shall  be  influenced  in  his  vote  or  action  upon  any  matter 


CONSTITUTION  OF  CALIFORNIA.  187 

pending  before  the  Legislature  by  any  reward,  or  promise 
of  future  reward,  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  thereof,  in  addition  to  such  punishment 
as  may  be  provided  by  law,  shall  be  disfranchised  and 
forever  disqualified  from  holding  any  office  or  public 
trust.  Any  person  may  be  compelled  to  testify  in  any 
lawful  investigation  or  judicial  proceeding  against  any 
person  who  may  be  charged  with  having  committed  the 
offense  of  bribery  or  corrupt  solicitation,  or  with  having 
been  influenced  in  his  vote  or  action,  as  a  member  of  the 
Legislature,  by  reward,  or  promise  of  future  reward,  and 
shall  not  be  permitted  to  withhold  his  testimony  upon 
the  ground  that  it  may  criminate  himself,  or  subject  him 
to  public  infamy;  but  such  testimony  shall  not  after- 
wards be  used  against  him  in  any  judicial  proceeding, 
except  for  perjury  in  giving  such  testimony. 


ARTICLE  V. 

EXECUTIVE   DEPARTMENT. 

Section  1.  The  Executive  Power. — The  supreme  ex- 
ecutive power  of  this  State  shall  be  vested  in  a  chief 
magistrate,  who  shall  be  styled  the  Governor  of  the 
State  of  California.  (Compare  U.  S.  Const.,  Art.  IL, 
Sect.  1,  Par.  1.) 

Sect.  2.  Election  and  Term  of  Governor. — The  Gov- 
ernor shall  be  elected  by  the  qualified  electors  at  the 
time  and  places  of  voting  for  members  of  the  Assembly, 
and  shall  hold  his  office  four  years  from  and  after  the 
first  Monday  after  the  first  day  of  January  subsequent 
to  his  election,  and  until  his  successor  is  elected  and 
qualified.  (Compare  U.  S.  Const.,  Art.  II.,-  Sect.  1,  Par. 
2;  Amend.  XII.) 


188  CIVIL  GOVERNMENT. 

Sect.  3.  Qualifications  of  Governor. — No  person  shall 
be  eligible  to  the  office  of  Governor  who  has  not  been  a 
citizen  of  the  United  States  and  a  resident  of  this  State 
five  years  next  preceding  his  election,  and  attained  the 
age  of  twenty-five  years  at  the  time  of  such  election. 
(Compare  U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  5.) 

Sfi:cT.  4.  Election,  How  made  Known. — Election  by 
Legislature. — The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment, directed  to  the  Speaker  of  the  Assembly,  who  shall, 
during  the  first  week  of  the  session,  open  and  publish 
them  in  the  presence  of  both  houses  of  the  Legislature. 
The  person  having  the  highest  number  of  votes  shall 
be  Governor;  but  in  case  any  two  or  more  have  an  equal 
and  the  highest  number  of  votes,  the  Legislature  shall, 
by  joint  vote  of  both  houses,  choose  one  of  such  persons 
so  having  an  equal  and  the  highest  number  of  votes,  for 
Governor. 

Sect.  5.  Commander-in-Chief. — The  Governor  shall 
be  commander-in-chief  of  the  militia,  the  army  and  navy 
of  this  State.  (Compare  U.  S.  Const.,  Art.  II.,  Sect.  2, 
Par.  1.) 

Sect.  6.  To  Transact  Executive  Business. — He  shall 
transact  all  executive  business  with  the  officers  of  govern- 
ment, civil  and  military,  and  may  require  information, 
in  writing,  from  the  officers  of  the  executive  department, 
upon  any  subject  relating  to  the  duties  of  their  respective 
offices.     (Compare  U.  S.  Const.,  Art.  II.,  Sect.  2,  Par.  1.) 

Sect.  7.  To  Execute  the  Laws.  —  He  shall  see  that 
the  laws  are  faithfully  executed.  (Compare  U.  S.  Const., 
Art.  IL,  Sect.  3.) 

Sect.  8.  To  Fill  Vacancies. — When  any  office  shall, 
from  any  cause,  become  vacant,  and  no  mode  is  provided 
by  the  Constitution  and  law  for  filling  such  vacancy, 
the  Governor  shall  have  power  to  fill  such  vacancy  by 


CONSTITUTION  OF  CALIFORNIA.  189 

granting  a  commission,  which  shall  expire  at  the  end  of 
the  next  session  of  the  Legislature,  or  at  the  next  election 
by  the  people.  (Compare  U.  S.  Const.,  Art.  II.,  Sect.  2, 
Par.  3.) 

Sect.  9.  To  Call  Special  Meetings  of  Legislature. — He 
may,  on  extraordinary  occasions,  convene  the  Legisla- 
ture by  proclamation,  stating  the  purposes  for  which  he 
has  convened  it,  and  when  so  convened  it  shall  have 
no  power  to  legislate  on  any  subjects  other  than  those 
specified  in  the  proclamation,  but  may  provide  for  the 
expenses  of  the  session  and  other  matters  incidental 
thereto.     (Compare  U.  S.  Const.,  Art.  XL,  Sect.  3.) 

Sect.  10.  Governor's  Message. — He  shall  communicate 
by  message  to  the  Legislature,  at  every  session,  the  con- 
dition of  the  State,  and  recommend  such  matters  as  he 
shall  deem  expedient.  (Compare  U.  S.  Const.,  Art.  II., 
Sect.  3.) 

Sect.  11..  May  Adjourn  Legislature,  When. —  In  case 
of  a  disagreement  between  the  two  houses  with  respect 
to  the  time  of  adjournment,  the  Governor  shall  have 
power  to  adjourn  the  Legislature  to  such  time  as  he  may 
think  proper;  provided,  it  be  not  beyond  the  time  fixed 
for  the  meeting  of  the  next  Legislature.  (Compare  U.  S. 
Const.,  Art.  II.,  Sect.  3.) 

Sect.  12.  Public  Officer  not  to  Act  as  Governor. — No 
person  shall,  while  holding  any  office  under  the  United 
States  or  this  State,  exercise  the  office  of  Governor  except 
as  hereinafter  expressly  provided. 

Sect.  13.  Governor  to  Keep  Great  Seal. — There  shall 
be  a  seal  of  this  State,  which  shall  be  kept  by  the  Gov- 
ernor, and  used  by  him  officially,  and  shall  be  called 
"The  Great  Seal  of  the  State  of  California." 

Sect.  14.  Form  of  Com.missionn. — All  grants  and  com- 
missions shall  be  in  the  name  and  by  the  authority  of 


190  CIVIL  GOVERNMENT. 

The  People  of  the  State  of  California,  sealed  with  the 
Great  Seal  of  the  State,  signed  by  the  Governor,  and 
countersigned  by  the  Secretary  of  State.  (Compare  U.  S. 
Const.,  Art.  II.,  Sect.  3.) 

Sect.  15.  Lieutenant-Governor;  Qualifications  and 
Duties. — A  Lieutenant-Governor  shall  be  elected  at  the 
same  time  and  places,  and  in  the  same  manner,  as  the 
Governor;  and  his  term  of  office  and  his  qualifications  of 
eligibility  shall  also  be  the  same.  He  shall  be  President 
of  the  Senate,  but  shall  have  only  a  casting  vote  therein. 
If,  during  a  vacancy  of  the  office  of  Governor,  the  Lieu- 
tenant-Governor shall  be  impeached,  displaced,  resign, 
die,  or  become  incapable  of  performing  the  duties  of  his 
office,  or  be  absent  from  the  State,  the  President  pro 
tempore  of  the  Senate  shall  act  as  Governor  until  the 
vacancy  be  filled  or  the  disability  shall  cease.  The 
Lieutenant-Governor  shall  be  disqualified  from  holding 
any  other  office,  except  as  specially  provided  in  this  Con- 
stitution, during  the  term  for  which  he  shall  have  been 
elected.  (Compare  U.  S.  Const.,  Art.  IL,  Sect.  1;  Art,  L, 
Sect.  3,  Par.  4.) 

Sect.  16.  May  Become  Governor. — In  case  of  the  im- 
peachment of  the  Governor,  or  his  removal  from  office, 
death,  inability  to  discharge  the  powers  and  duties  of 
the  said  office,  resignation,  or  absence  from  the  State,  the 
powers  and  duties  of  the  office  shall  devolve  upon  the 
Lieutenant-Governor  for  the  residue  of  the  term,  or  until 
the  disability  shall  cease.  But  when  the  Governor  shall, 
with  the  consent  of  the  Legislature,  be  out  of  the  State 
in  time  of  war,  at  the  head  of  any  military  force  thereof, 
he  shall  continue  commander-in-chief  of  all  the  military 
force  of  the  State.  (Compare  U.  S.  Const.,  Art.  II. ,  Sect.  1, 
Par.  6.) 

Sect.  17.  State  Executive  Officers.  —  A  Secretary  of 
State,  a  Controller,  a  Treasurer,  an  Attorney-General, 


CONSTITUTION  OF  CALIFORNIA.  191 

and  a  Surveyor-General  shall  be  elected  at  the  same 
time  and  places,  and  in  the  same  manner,  as  the  Gover- 
nor and  Lieutenant-Governor,  and  their  terms  of  office 
shall  be  the  same  as  that  of  the  Governor. 

Sect.  18.  Secretary  of  State. — The  Secretary  of  State 
shall  keep  a  correct  record  of  the  official  Acts  of  the 
legislative  and  executive  departments  of  the  government, 
and  shall,  when  required,  lay  the  same,  and  all  matters 
relative  thereto,  before  either  branch  of  the  Legislature, 
and  shall  perform  such  other  duties  as  may  be  assigned 
him  by  law. 

Sect.  19.  Compensation  of  Executive  Officers. — The 
Governor,  Lieutenant-Governor,  Secretary  of  State,  Con- 
troller, Treasurer,  Attorney-General,  and  Surveyor-Gen- 
eral shall,  at  stated  times  during  their  continuance  in 
office,  receive  for  their  services  a  compensation  which 
shall  not  be  increased  or  diminished  during  the  term  for 
which  they  shall  have  been  elected,  which  compensation 
is  hereby  fixed  for  the  following  officers  for  the  two  terms 
next  ensuing  the  adoption  of  this  Constitution,  as  fol- 
lows: Governor,  six  thousand  dollars  per  annum;  Lieu- 
tenant-Governor, the  same  per  diem  as  may  be  provided 
by  law  for  the  Speaker  of  the  Assembly,  to  be  allowed 
only  during  the  session  of  the  Legislature;  the  Secre- 
tary of  State,  Controller,  Treasurer,  Attorney-General, 
and  Surveyor-General,  three  thousand  dollars  each  per 
annum,  such  compensation  to  be  in  full  for  all  services 
by  them,  respectively,  rendered  in  any  official  capacity  or 
employment  whatsoever  during  their  respective  terms  of 
office;  provided,  however,  that  the  Legislature,  after  the  ex- 
piration of  the  terms  hereinbefore  mentioned,  may  by  law 
diminish  the  compensation  of  any  or  all  of  such  officers, 
but  in  no  case  shall  have  the  power  to  increase  the  same 
above  the  sums  hereby  fixed  by  this  Constitution.  No 
salary  shall  be  authorized  by  law  for  clerical  service,  in 


192  CIVIL  GOVERNMENT. 

any  office  provided  for  in  this  article,  exceeding  sixteen 
hundred  dollars  per  annum  for  each  clerk  employed. 
The  Legislature  may,  in  its  discretion,  abolish  the  office 
of  Surveyor-General;  and  none  of  the  officers  herein- 
before named  shall  receive  for  their  own  use  any  fees  or 
perquisites  for  the  performance  of  any  official  duty. 
(Compare  U.  S.  Const.,  Art.  II.,  Sect.  1,  Par.  7.) 

Sect.  20.  Governor  Ineligible  to  U.  S.  Senate. — The 
Governor  shall  not,  during  his  term  of  office,  be  elected 
a  Senator  to  the  Senate  of  the  United  States. 


ARTICLE  VI. 

JUDICIAL    DEPARTMENT.  » 

Section  1.  The  Judicial  Power. — The  judicial  power 
of  the  State  shall  be  vested  in  the  Senate  sitting  as  a 
Court  of  Impeachment,  in  a  Supreme  Court,  Superior 
Courts,  justices  of  the  peace,  and  such  inferior  courts  as 
the  Legislature  may  establish  in  any  incorporated  city 
or  town  or  city  and  county.  (Compare  U.  S.  Const., 
Art.  III.,  Sect.  1.) 

Sect.  2.  Supreme  Court:  How  Constituted;  Mode  of 
Procedure. — The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  six  Associate  Justices.  The  court  may  sit 
in  departments  and  in  bank,  and  shall  always  be  open 
for  the  transaction  of  business.  There  shall  be  two 
departments,  denominated,  respectively.  Department  One 
and  Department  Two.  The  Chief  Justice  shall  assign 
three  of  the  Associate  Justices  to  each  department,  and 
such  assignment  may  be  changed  by  him  from  time  to 
time.  The  Associate  Justices  shall  be  competent  to  sit 
in  either  department,  and  may  interchange  with  each 
other  by  agreement  among  themselves  or  as  ordered  by 


CONSTITUTION  OF  CALIFORNIA.  193 

the  Chief  Justice.  Each  of  the  departments  shall  have 
the  power  to  hear  and  determine  causes  and  all  questions 
arising  therein,  subject  to  the  provisions  hereinafter  con- 
tained in  relation  to  the  court  in  bank.  The  presence  of 
three  justices  shall  be  necessary  to  transact  any  business 
in  either  of  the  departments,  except  such  as  may  be 
done  at  chambers,  and  the  concurrence  of  three  justices 
shall  be  necessary  to  pronounce  a  judgment.  The  Chief 
Justice  shall  apportion  the  business  to  the  departments, 
and  may,  in  his  discretion,  order  any  cause  pending 
before  the  court  to  be  heard  and  decided  by  the  court  in 
bank.  The  order  may  be  made  before  or  after  judgment 
pronounced  by  a  department;  but  where  a  cause  has  been 
allotted  to  one  of  the  departments,  and  a  judgment  pro- 
nounced thereon,  the  order  must  be  made  within  thirty 
days  after  such  judgment,  and  concurred  in  by  two  Asso- 
ciate Justices,  and  if  so  made  it  shall  have  the  effect  to 
vacate  and  set  aside  the  judgment.  Any  four  justices 
may,  either  before  or  after  judgment  by  a  department, 
order  a  case  to  be  heard  in  bank.  If  the  order  be  not 
made  within  the  time  above  limited  the  judgment  shall 
be  final.  No  judgment  by  a  department  shall  become 
final  until  the  expiration  of  the  period  of  thirty  days 
aforesaid,  unless  approved  by  the  Chief  Justice,  in  writ- 
ing, with  the  concurrence  of  two  Associate  Justices.  The 
Chief  Justice  may  convene  the  court  in  bank  at  any  time, 
and  shall  be  the  presiding  justice  of  the  court  when  so 
convened.  The  concurrence  of  four  justices  present  at 
the  argument  shall  be  necessary  to  pronounce  a  judg- 
ment in  bank;  but  if  four  justices,  so  present,  do  not 
concur  in  a  judgment,  then  all  the  justices  qualified  to 
sit  in  the  cause  shall  hear  the  argument;  but  to  render  a 
judgment  a  concurrence  of  four  judges  shall  be  necessary. 
In  the  determination  of  causes,  all  decisions  of  the  court 
in  bank  or  in  departments  shall  be  given  in  writing,  and 

13— CG 


194  CIVIL  GOVERNMENT. 

the  grounds  for  the  decision  shall  be  stated.  The  Chief 
Justice  may  sit  in  either  department,  and  shall  preside 
when  so  sitting,  but  the  justices  assigned  to  each  depart- 
ment shall  select  one  of  their  number  as  presiding  justice. 
In  case  of  the  absence  of  the  Chief  Justice  from  the  place 
at  which  the  court  is  held,  or  his  inability  to  act,  the 
Associate  Justices  shall  select  one  of  their  own  number 
to  perfol-m  the  duties  and  exercise  the  powers  of  the 
Chief  Justice  during  such  absence  or  inability  to  act. 

Sect.*  3.  Election  of  Justices  of  Supreme  Court. — The 
Chief  Justice  and  the  Associate  Justices  shall  be  elected 
by  the  qualified  electors  of  the  State  at  large  at  the 
general  State  elections,  at  the  times  and  places  at  which 
State  officers  are  elected;  and  the  term  of  office  shall  be 
twelve  years,  from  and  after  the  first  Monday  after  the 
first  day  of  January  next  succeeding  their  election; 
provided,  that  the  six  Associate  Justices  elected  at  the 
first  election  shall,  at  their  first  meeting,  so  classify 
themselves,  by  lot,  that  two  of  them  shall  go  out  of  office 
at  the  end  of  four  years,  two  of  them  at  the  end  of 
eight  years,  and  two  of  them  at  the  end  of  twelve  years, 
and  an  entry  of  such  classification  shall  be  made  in 
the  minutes  of  the  court  in  bank,  signed  by  them,  and 
a  duplicate  thereof  shall  be  filed  in  the  office  of  the 
Secretary  of  State.  If  a  vacancy  occur  in  the  office  of 
a  justice,  the  Governor  shall  appoint  a  person  to  hold  the 
office  until  the  election  and  qualification  of  a  justice  to 
fill  the  vacancy,  which  election  shall  take  place  at  the 
next  succeeding  general  election,  and  the  justice  so  elected 
shall  hold  the  office  for  the  remainder  of  the  unexpired 
term.  The  first  election  of  the  justices  shall  be  at  the 
first  general  election  after  the  adoption  and  ratification 
of  this  Constitution. 

Sect.  4.  Jurisdiction  of  Supreme  Court. — The  Supreme 
Court  shall  have  appellate  jurisdiction  in  all  cases  in 


CONSTITUTION  OF  CALIFORNIA.  195 

equity,  except  such  as  arise  in  justices'  courts;  also,  in 
all  cases  at  law  which  involve  the  title  or  possession 
of  real  estate,  or  the  legality  of  any  tax,  impost,  assess- 
ment, toll,  or  municipal  fine,  or  in  which  the  demand, 
exclusive  of  interest,  or  the  value  of  the  property  in 
controversy,  amounts  to  three  hundred  dollars;  also,  in 
cases  of  forcible  entry  and  detainer,  and  in  proceedings  in 
insolvency,  and  in  actions  to  prevent  or  abate  a  nuisance, 
and  in  all  such  probate  matters  as  may  be  provided  by 
law;  also,  in  all  criminal  cases  prosecuted  by  indictment 
or  information  in  a  court  of  record  on  questions  of  law 
alone.  The  court  shall  also  have  power  to  issue  writs  of 
mandamus,  certiorari,  prohibition,  and  habeas  corpus, 
and  all  other  writs  necessary  or  proper  to  the  complete 
exercise  of  its  appellate  jurisdiction.  Each  of  the  justices 
shall  have  power  to  issue  writs  of  habeas  corpus  to 
any  part  of  the  State,  upon  petition  by  or  on  behalf  of 
any  person  held  in  actual  custody,  and  may  make  such 
writs  returnable  before  himself,  or  the  Supreme  Court,  or 
before  any  Superior  Court  in  the  State,  or  before  any 
judge  thereof. 

Sect.  5.  Jurisdiction  of  Superior  Court. — The  Superior 
Court  shall  have  original  jurisdiction  in  all  cases  in 
equity,  and  in  all  cases  at  law  which  involve  the  title  or 
possession  of  real  property,  or  the  legality  of  any  tax, 
impost,  assessment,  toll,  or  municipal  fine,  and  in  all 
other  cases  in  which  the  demand,  exclusive  of  interest  or 
the  value  of  the  property  in  controversy,  amounts  to 
three  hundred  dollars,  and  in  all  criminal  cases  amount- 
ing to  felony,  and  cases  of  misdemeanor  not  otherwise 
provided  for;  of  actions  of  forcible  entry  and  detainer; 
of  proceedings  in  insolvency;  of  actions  to  prevent  or 
abate  a  nuisance;  of  all  matters  of  probate;  of  divorce 
and  for  annulment  of  marriage,  and  of  all  such  special 
cases  and  proceedings  as  are  not  otherwise  provided  for. 


196  CIVIL  GOVERNMENT. 

And  said  court  shall  have  the  power  of  naturalization, 
and  to  issue  papers  therefor.  They  shall  have  appellate 
jurisdiction  in  such  cases  arising  in  justices'  and  other 
inferior  courts  in  their  respective  counties  as  may  be 
prescribed  by  law.  They  shall  be  always  open  (legal 
holidays  and  non-judicial  days  excepted),  and  their 
process  shall  extend  to  all  parts  of  the  State;  provided, 
that  all  actions  for  the  recovery  of  the  possession  of, 
quieting  the  title  to,  or  for  the  enforcement  of  liens  upon 
real  estate,  shall  be  commenced  in  the  county  in  which 
the  real  estate,  or  any  part  thereof  affected  by  such  action 
or  actions,  is  situated.  Said  courts,  and  their  judges, 
shall  have  power  to  issue  writs  of  mandamus,  certiorari, 
prohibition,  quo  warranto,  and  habeas  corpus,  on  peti- 
tion by  or  on  behalf  of  any  person  in  actual  custody 
in  their  respective  counties.  Injunctions  and  writs  of 
prohibition  may  be  issued  and  served  on  legal  holidays 
and  non-judicial  days. 

Sect.  6.  Superior  Courts:  Number;  Organization. — 
There  shall  be  in  each  of  the  organized  counties,  or  cities 
and  counties,  of  the  State,  a  Superior  Court,  for  each  of 
which  at  least  one  judge  shall  be  elected  by  the  qualified 
electors  of  the  county,  or  city  and  county,  at  the  general 
Sta.te  election;  provided,  that  until  otherwise  ordered  by 
the  Legislature,  only  one  judge  shall  be  elected  for  the 
counties  of  Yuba  and  Sutter,  and  that  in  the  city  and 
county  of  San  Francisco  there  shall  be  elected  twelve 
judges  of  the  Superior  Court,  any  one  or  more  of  whom 
may  hold  court.  There  may  be  as  many  sessions  of  said 
court,  at  the  same  time,  as  there  are  judges  thereof.  Thie 
said  judges  shall  choose  from  their  own  number  a  pre- 
siding judge,  who  may  be  removed  at  their  pleasure.  He 
shall  distribute  the  business  of  the  court  among  the 
judges  thereof,  and  prescribe  the  order  of  business.  The 
judgments,  orders,  and  proceedings  of  any  session  of  the 


CONSTITUTION  OF  CALIFORNIA.  197 

Superior  Court,  held  by  any  one  or  more  of  the  judges 
of  said  courts,  respectively,  shall  be  equally  effectual,  as 
if  all  the  judges  of  said  respective  courts  presided  at 
such  session.  In  each  of  the  counties  of  Sacramento, 
San  Joaquin,  Los  Angeles,  Sonoma,  Santa  Clara,  and 
Alameda,  there  shall  be  elected  two  such  judges. 

Term  of  Superior  Judges. — The  term  of  office  of  judges 
of  the  Superior  Courts  shall  be  six  years  from  and  after 
the  first  Monday  of  January  next  succeeding  their  elec- 
tion; provided,  that  the  twelve  judges  of  the  Superior 
Court,  elected  in  the  city  and  county  of  San  Francisco 
at  the  first  election  held  under  this  Constitution,  shall, 
at  their  first  meeting,  so  classify  themselves,  by  lot,  that 
four  of  them  shall  go  out  of  office  at  the  end  of  two 
years,  and  four  of  them  shall  go  out  of  office  at  the  end 
of  four  years,  and  four  of  them  shall  go  out  of  office  at 
the  end  of  six  years,  and  an  entry  of  such  classification 
shall  be  made  in  the  minutes  of  the  court,  signed  by 
them,  and  a  duplicate  thereof  filed  in  the  office  of  the 
Secretary  of  State.  The  first  election  of  judges  of  the 
Superior  Courts  shall  take  place  at  the  first  general 
election  held  after  the  adoption  and  ratification  of  this 
Constitution. 

Vacancies. — If  a  vacancy  occur  in  the  office  of  judge  of 
a  Superior  Court,  the  Governor  shall  appoint  a  person  to 
hold  the  office  until  the  election  and  qualification  of  a 
judge  to  fill  the  vacancy,  which  election  shall  take  place 
at  the  next  succeeding  general  election,  and  the  judge  so 
elected  shall  hold  office  for  the  remainder  of  the  unex- 
pired term. 

Sect.  7.  Superior  Courts:  Sessions. — In  any  county,  or 
city  and  county,  other  than  the  city  and  county  of  San 
Francisco,  in  which  there  shall  be  more  than  one  judge 
of  the  Superior  Court,  the  judges  of  such  court  may  hold 
as  many  sessions  of  said  court  at  the  same  time  as  there 


198  CIVIL  GOVERNMENT, 

are  judges  thereof,  and  shall  apportion  the  business 
among  themselves  as  equally  as  may  be. 

Sect.  8.  Superior  Courts:  Who  may  try  Causes.  —  A 
judge  of  any  Superior  Court  may  hold  a  Superior  Court 
in  any  county,  at  the  request  of  a  judge  of  the  Superior 
Court  thereof;  and  upon  the  request  of  the  Governor  it 
shall  be  his  duty  so  to  do.  But  a  cause  in  the  Superior 
Court  may  be  tried  by  a  judge  pro  tempore,  who  must 
be  a  member  of  the  bar,  agreed  upon  in  writing  by  the 
parties  litigant  or  their  attorneys  of  record,  approved  by 
the  court,  and  sworn  to  try  the  cause. 

Sect.  9.  Judges  not  to  Leave  the  State. — The  Legis- 
lature shall  have  no  power  to  grant  leave  of  absence  to 
any  judicial  officer;  and  any  such  officer  who  shall  absent 
himself  from  the  State  for  more  than  sixty  consecutive 
days  shall  be  deemed  to  have  forfeited  his  office. 

Number  of  Superior  Court  Judges  may  be  Changed. — 
The  Legislature  of  the  State  may,  at  any  time,  two  thirds 
of  the  members  of  the  Senate  and  two  thirds  of  the 
members  of  the  Assembly  voting  therefor,  increase  or 
diminish  the  number  of  judges  of  the  Superior  Court  in 
any  county,  or  city  and  county,  in  the  State;  provided, 
that  no  such  reduction  shall  affect  any  judge  who  has 
been  elected. 

Sect.  10.  Removal  of  Judicial  Officers. — Justices  of  the 
Supreme  Court,  and  judges  of  the  Superior  Courts,  may 
be  removed  by  concurrent  resolution  of  both  houses  of 
the  Legislature,  adopted  by  a  two-thirds  vote  of  each 
house.  All  other  judicial  officers,  except  justices  of  the 
peace,  may  be  removed  by  the  Senate  on  the  recommen- 
dation of  the  Governor,  but  no  removal  shall  be  made  by 
virtue  of  this  section,  unless  the  cause  thereof  be  entered 
on  the  journal,  nor  unless  the  party  complained  of  has 
been  served  with  a  copy  of  the  complaint  against  him, 
and  shall  have  had  an  opportunity  of  being  heard  in 


CONSTITUTION  OF  CALIFORNIA.  199 

his  defense.  On  the  question  of  removal,  the  ayes  and 
noes  shall  be  entered  on  the  journal. 

Sect.  11.  Justices  oj  the  Peace. — The  Legislature  shall 
determine  the  number  of  justices  of  the  peace  to  be  elected 
in  townships,  incorporated  cities  and  towns,  or  cities  and 
counties,  and  shall  fix  by  law  the  powers,  duties,  and 
responsibilities  of  justices  of  the  peace;  'provided^  such 
powers  shall  not  in  any  case  trench  upon  the  jurisdiction 
of  the  several  courts  of  record,  except  that  said  justices 
shall  have  concurrent  jurisdiction  with  the  Superior 
Courts  in  cases  of  forcible  entry  and  detainer,  where  the 
rental  value  does  not  exceed  twenty-five  dollars  per  month, 
and  where  the  whole  amount  of  damages  claimed  does 
not  exceed  two  hundred  dollars,  and  in  cases  to  enforce 
and  foreclose  liens  on  personal  property  when  neither  the 
amount  of  liens  nor  the  value  of  the  property  amounts 
to  three  hundred  dollars. 

Sect.  12.  Courts  of  Record. — The  Supreme  Court,  the 
Superior  Courts,  and  such  other  courts  as  the  Legislature 
shall  prescribe,  shall  be  courts  of  record. 

Sect.  13.  Jurisdiction  of  Inferior  Courts. — The  Legis- 
lature shall  fix  by  law  the  jurisdiction  of  any  inferior 
courts  which  may  be  established  in  pursuance  of  section 
one  of  this  article,  and  shall  fix  by  law  the  powers,  duties, 
and  responsibilities  of  the  judges  thereof. 

Sect.  14.  Clerks  of  Courts.  —  The  Legislature  shall 
provide  for  the  election  of  a  clerk  of  the  Supreme  Court, 
and  shall  fix  by  law  his  duties  and  compensation,  which 
compensation  shall  not  be  increased  or  diminished  dur- 
ing the  term  for  which  he  shall  have  been  elected.  The 
county  clerks  shall  be  ex  officio  clerks  of  the  courts  of 
record  in  and  for  their  respective  counties,  or  cities  and 
counties. 

Court  Commissioners. — The  Legislature  may  also  pro- 
vide for  the  appointment,  by  the  several  Superior  Courts, 


200  CIVIL  GOVERNMENT. 

of  one  or  more  commissioners  in  their  respective  counties, 
or  cities  and  counties,  with  authority  to  perform  chamber 
business  of  the  judges  of  the  Superior  Courts,  to  take 
depositions,  and  perform  such  other  business  connected 
with  the  administration  of  justice  as  may  be  prescribed 
by  law\ 

Sect.  15.  Fees. — No  judicial  officer,  except  jijstices  of 
the  peace  and  court  commissioners,  shall  receive  to  his 
own  use  any  fees  or  perquisites  of  office. 

Sect.  16.  Publication  of  Opinions  of  Supreme  Court. — 
The  Legislature  shall  provide  for  the  speedy  publication 
of  such  opinions  of  the  Supreme  Court  as  it  may  deem 
expedient,  and  all  opinions  shall  be  free  for  publication 
by  any  person. 

Sect.  17.  Salaries  of  Judges. — The  justices  of  the 
Supreme  Court  and  judges  of  the  Superior  Courts  shall 
severally,  at  stated  times  during  their  continuance  in 
office,  receive  for  their  services  a  compensation  which 
shall  not  be  increased  or  diminished  after  their  election, 
nor  during  the  term  for  which  they  shall  have  been 
elected.  The  salaries  of  the  justices  of  the  Supreme 
Court  shall  be  paid  by  the  State.  One  half  of  the  salary 
of  each  Superior  Court  judge  shall  be  paid  by  the  State; 
the  other  half  thereof  shall  be  paid  by  the  county  for 
which  he  is  elected.  During  the  term  of  the  first  judges 
elected  under  this  Constitution,  the  annual  salaries  of 
the  justices  of  the  Supreme  Court  shall  be  six  thousand 
dollars  each.  Until  otherwise  changed  by  the  Legisla- 
ture, the  Superior  Court  judges  shall  receive  an  annual 
salary  of  three  thousand  dollars  each,  payable  monthly, 
except  the  judges  of  the  city  and  county  of  San  Fran- 
cisco, and  the  counties  of  Alameda,  San  Joaquin,  Los 
Angeles,  Santa  Clara,  Yuba  and  Sutter  combined,  Sacra- 
mento, Butte,  Nevada,  and  Sonoma,  who  shall  receive 
four  thousand  dollars  each. 


CONSTITUTION  OF  CALIFORNIA.  201 

Sect.  18.  Judges  Ineligible  to  other  Offices. — The  jus- 
tices of  the  Supreme  Court  and  judges  of  the  Superior 
Courts  shall  be  ineligible  to  any  other  office  or  public 
employment  than  a  judicial  office  or  employment  during 
the  term  for  which  they  shall  have  been  elected. 

Sect.  19.  Charge  to  Jury. — Judges  shall  not  charge 
juries  with  respect  to  matters  of  fact,  but  may  state  the 
testimony  and  declare  the  law. 

Sect.  20.  Style  of  Process. — The  style  of  all  process 
shall  be,  "The  People  of  the  State  of  California,"  and  all 
prosecutions  shall  be  conducted  in  their  name  and  by 
their  authority. 

Sect.  21.  Supreme  Court  Reporter. — The  justices  shall 
appoint  a  reporter  of  the  decisions' of  the  Supreme  Court, 
who  shall  hold  his  office  and  be  removable  at  their  pleas- 
ure. He  shall  receive  an  annual  salary  not  to  exceed 
twenty-five  hundred  dollars,  payable  monthly. 

Sect.  22.  Judges  not  to  Practice  Law. — No  judge  of  a 
court  of  record  shall  practice  law  in  any  court  of  this 
State  during  his  continuance  in  office. 

Sect.  23.  Qualifications  of  Judges. — No  one  shall  be 
eligible  to  the  office  of  justice  of  the  Supreme  Court,  or 
to  the  office  of  judge  of  a  Superior  Court,  unless  he 
shall  have  been  admitted  to  practice  before  the  Supreme 
Court  of  the  State. 

Sect.  24.  Condition  of  Receiving  Salary. — No  judge 
of  a  Superior  Court,  nor  of  the  Supreme  Court,  shall, 
after  the  first  day  of  July,  one  thousand  eight  hundred 
and  eighty,  be  allowed  to  draw  or  receive  any  monthly 
salary  unless  he  shall  take  and  subscribe  an  affidavit 
before  an  officer  entitled  to  administer  oaths,  that  no 
cause  in  his  court  remains  undecided  that  has  been  sub- 
mitted for  decision  for  the  period  of  ninety  days. 


202  CIVIL  GOVERNMENT. 

ARTICLE  VII. 

PARDONING   POWER. 

Section  1.  Extent  of  Pardoning  Power. — The  Governor 
shall  have  the  power  to  grant  reprieves,  pardons,  and 
commutations  of  sentence,  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  upon  such  con- 
ditions, and  with  such  restrictions  and  limitations,  as  he 
may  think  proper,  subject  to  such  regulations  as  may  be 
provided  by  law  relative  to  the  manner  of  applying  for 
pardons.  Upon  conviction  for  treason,  the  Governor 
shall  have  power  to  suspend  the  execution  of  the  sentence 
until  the  case  shall  be  reported  to  the  Legislature  at  its 
next  meeting,  when  the  Legislature  shall  either  pardon, 
direct  the  execution  of  the  sentence,  or  grant  a  further 
reprieve.  The  Governor  shall  communicate  to  the  Leg- 
islature, at  the  beginning  of  every  session,  every  case  of 
reprieve  or  pardon  granted,  stating  the  name  of  the  con- 
vict, the  crime  of  which  he  was  convicted,  the  sentence, 
its  date,  the  date  of  the  pardon  or  reprieve,  and  the 
reasons  for  granting  the  same.  Neither  the  Governor 
nor  the  Legislature  shall  have  power  to  grant  pardons, 
or  commutations  of  sentence,  in  any  case  where  the  con- 
vict has  been  twice  convicted  of  a  felony,  unless  upon 
the  written  recommendation  of  a  majority  of  the  judges 
of  the  Supreme  Court.  (Compare  U.  S.  Const.,  Art.  II., 
Sect.  2.) 


ARTICLE  VIII. 

MILITIA. 


Section  1.  Organization  of  Militia. — The  Legislature 
shall  provide,  by  law,  for  organizing  and  disciplining  the 
militia,  in  such  manner  as  it  may  deem  expedient,  not 


CONSTITUTION  OF  CALIFORNIA.  203 

incompatible  with  the  Constitution  and  laws  of  the 
United  States.  Officers  of  the  militia  shall  be  elected  or 
appointed  in  such  manner  as  the  Legislature  shall  from 
time  to  time  direct,  and  shall  be  commissioned  by  the 
Governor.  The  Governor  shall  have  power  to  call  forth 
the  militia,  to  execute  the  laws  of  the  State,  to  sup- 
press insurrections,  and  repel  invasions.  (Compare  U. 
S.  Const.,  Art.  I.,  Sect.  8,  Par.  16.) 

Sect.  2.  Flag  of  State  Militia. — All  military  organi- 
zations provided  for  by  this  Constitution,  or  any  law  of 
this  State,  and  receiving  State  support,  shall,  while  under 
arms  either  for  ceremony  or  duty,  carry  no  device,  ban- 
ner, or  flag  of  any  State  or  nation,  except  that  of  the 
United  States  or  the  State  of  California. 


ARTICLE  IX. 

EDUCATION. 

Section  1.  Encouragement  of  Education. — A  general 
diffusion  of  knowledge  and  intelligence  being  essential 
to  the  preservation  of  the  rights  and  liberties  of  the 
people,  the  Legislature  shall  encourage  by  all  suitable 
means  the  promotion  of  intellectual,  scientific,  moral, 
and  agricultural  improvement. 

Sect.  2.  Superintendent  of  Public  Instruction. — A  Su- 
perintendent of  Public  Instruction  shall,  at  each  guber- 
natorial election  after  the  adoption  of  this  Constitution, 
be  elected  by  the  qualified  electors  of  the  State.  He  shall 
receive  a  salary  equal  to  that  of  the  Secretary  of  State, 
and  shall  enter  upon  the  duties  of  his  office  on  the  first 
Monday  after  the  first  day  of  January  next  succeeding 
his  election. 


204  CIVIL  GOVERNMENT. 

Sect.  3.  County  School  Superintendents. — A  superin- 
tendent of  schools  for  each  county  shall  be  elected  by  the 
qualified  electors  thereof  at  each  gubernatorial  election; 
provided,  that  the  Legislature  may  authorize  two  or  more 
counties  to  unite  and  elect  one  superintendent  for  the 
counties  so  uniting. 

Sect.  4.  State  School  Fund. — The  proceeds  of  all  lands 
that  have  been  or  may  be  granted  by  the  United  States 
to  this  State  for  the  support  of  common  schools,  which 
may  be  or  may  have  been  sold  or  disposed  of,  and  the 
five  hundred  thousand  acres  of  land  granted  to  the  new 
States  under  an  act  of  Congress  distributing  the  proceeds  / 
of  the  public  lands  among  the  several  States  of  the  Union, 
approved  A.  D.  one  thousand  eight  hundred  and  forty-one, 
and  all  estates  of  deceased  persons  who  may  have  died 
without  leaving  a  will  or  heir,  and  also  such  per  cent  as 
may  be  granted,  or  may  have  been  granted,  by  Congress 
on  the  sale  of  lands  in  this  State,  shall  be  and  remain  a 
perpetual  fund,  the  interest  of  which,  together  with  all 
the  rents  of  the  unsold  lands,  and  such  other  means  as 
the  Legislature  may  provide,  shall  be  inviolably  appro- 
priated to  the  support  of  common  schools  throughout 
the  State. 

Sect.  5.  Free  School  in  every  District. — The  Legislature 
shall  provide  for  a  system  of  common  schools  by  which 
a  free  school  shall  be  kept  up  and  supported  in  each  dis- 
trict at  least  six  months  in  every  year,  after  the  first  year 
in  which  a  school  has  been  established. 

Sect.  6.  The  Public  School  System. — The  public  school 
system  shall  include  primary  and  grammar  schools,  and 
such  high  schools,  evening  schools,  normal  schools,  and 
technical  schools  as  may  be  established  by  the  Legisla- 
ture, or  by  municipal  or  district  authority; 

Limitation  on  the  Use  of  the  State  School  Money. — But 
the  entire  revenue  derived  from  the  State  school  fund 


CONSTITUTION  OF  CALIFORNIA.  205 

and  the  State  school  tax  shall  be  applied  exclusively  to 
the  support  of  primary  and  grammar  schools. 

Sect.  7.  State  Board  of  Education. — State  Text-Books. 
The  Governor,  Superintendent  of  Public  Instruction,  and 
the  principals  of  the  State  normal  schools,  shall  consti- 
tute the  State  board  of  education,  and  shall  compile,  or 
cause  to  be  compiled,  and  adopt  a  uniform  series  of  text- 
books for  use  in  the  common  schools  throughout  the 
State.  The  State  board  may  cause  such  text-books,  when 
adopted,  to  be  printed  and  published  by  the  Superintend- 
ent of  State  Printing,  at  the  Sta,te  printing  office,  and 
when  so  printed  and  published,  to  be  distributed  and  sold 
at  the  cost  price  of  printing,  publishing,  and  distributing 
the  same.  The  text-books  so  adopted  shall  continue  in 
use  not  less  than  four  years;  and  said  State  board  shall 
perform  such  other  duties  as  may  be  prescribed  by  law. 

County  Boards  of  Education. — The  Legislature  shall  pro- 
vide for  a  board  of  education  in  each  county  in  the  State. 
The  county  superintendents  and  the  county  boards  of  edu- 
cation shall  have  control  of  the  examination  of  teachers 
and  the  granting  of  teachers'  certificates  within  their 
respective  jurisdictions.    [As  amended  November  4, 1884.] 

Sect.  8.  Sectarianism. — No  public  money  shall  ever 
be  appropriated  for  the  support  of  any  sectarian  or  denom- 
inational school,  or  any  school  not  under  the  exclusive 
control  of  the  officers  of  the  public  schools;  nor  shall 
any  sectarian  or  denominational  doctrine  be  taught,  or 
instruction  thereon  be  permitted,  directly  or  indirectly, 
in  any  of  the  common  schools  of  this  State. 

Se(jt.  9.  University  of  California. — The  University  of 
California  shall  constitute  a  public  trust,  and  its  organi- 
zation and  government  shall  be  perpetually  continued 
in  the  form  and  character  prescribed  by  the  organic  act 
creating  the  same,  passed  March  twenty-third,  eighteen 
hundred  and  sixty-eight  (and  the  sevgi^Ai^cts  amenda- 


206  CIVIL  GOVERNMENT.    * 

tory  thereof),  subject  only  to  such  legislative  control  as 
may  be  necessary  to  insure  compliance  with  the  terms 
of  its  endowments  and  the  proper  investment  and  secu- 
rity of  its  funds.  It  shall  be  entirely  independent  of  all 
political  or  sectarian  influence,  and  kept  free  therefrom 
in  the  appointment  of  its  regents,  and  in  the  admin- 
istration of  its  afi'airs;  provided,  that  all  the  moneys 
derived  from  the  sale  of  the  public  lands  donated  to  this 
State  by  act  of  Congress,  approved  July  second,  eighteen 
hundred  and  sixty-two  (and  the  several  acts  amend- 
atory thereof),  shall  be  invested  as  provided  by  said 
acts  of  Congress,  and  the  interest  of  said  moneys  shall  be 
inviolably  appropriated  to  the  endowment,  support,  and 
maintenance  of  at  least  one  college  of  agriculture,  where 
the  leading  objects  shall  be  (without  excluding  other 
scientific  and  classical  studies,  and  including  military 
tactics)  to  teach  such  branches  of  learning  as  are  related 
to  scientific  and  practical  agriculture  and  the  mechanic 
arts,  in  accordance  with  the  requirements  and  conditions 
of  said  acts  of  Congress;  and  the  Legislature  shall  pro- 
vide that  if,  through  neglect,  misappropriation,  or  any 
other  contingency,  any  portion  of  the  funds  so  set  apart 
shall  be  diminished  or  lost,  the  State  shall  replace  such 
portion  so  lost  or  misappropriated,  so  that  the  principal 
thereof  shall  remain  forever  undiminished.  No  person 
shall  be  debarred  admission  to  any  of  the  collegiate 
departments  of  the  university  on  account  of  sex. 


ARTICLE  X. 

THE    STATE    PRISONS. 


Section  1.  Prison  Directors:  Appointment  and  Term. — 
There  shall  be  a  State  board  of  prison  directors,  to  con- 
sist of  five  persons,  to  be  appointed  by  the  Governor, 


CONSTITUTION  OF  CALIFORNIA.  207 

with  the  advice  and  consent  of  the  Senate,  who  shall 
hold  office  for  ten  years,  except  that  the  first  appointed 
shall,  in  such  manner  as  the  Legislature  may  direct,  be 
so  classified  that  the  term  of  one  person  so  appointed 
shall  expire  at  the  end  of  each  two  years  during  the  first 
ten  years,  and  vacancies  occurring  shall  be  filled  in  like 
manner.  The  appointee  to  a  vacancy  occurring  before 
the  expiration  of  a  term,  shall  hold  office  only  for  the 
unexpired  term  of  his  predecessor.  The  Governor  shall 
have  the  power  to  remove  either  of  the  directors  for 
misconduct,  incompetency,  or  neglect  of  duty,  after  an 
opportunity  to  be  heard,  upon  written  charges. 

Sect.  2.  Powers  and  Duties. — The  board  of  directors 
shall  have  the  charge  and  superintendence  of  the  State 
prisons,  and  shall  possess  such  powers,  and  perform  such 
duties,  in  respect  to  other  penal  and  reformatory  insti- 
tutions of  the  State,  as  the  Legislature  may  prescribe. 

Sect.  3.  Prison  Officers. — The  board  shall  appoint  the 
warden  and  clerk,  and  determine  the  other  necessary 
officers  of  the  prisons.  The  board  shall  have  power  to 
remove  the  wardens  and  clerks  for  misconduct,  incom- 
petency, or  neglect  of  duty.  All  other  officers  and  em- 
ployes of  the  prisons  shall  be  appointed  by  the  warden 
thereof,  and  be  removed  at  his  pleasure. 

Sect.  4.  Compensation  of  Prison  Directors. — The  mem- 
bers of  the  board  shall  receive  no  compensation,  other 
than  reasonable  traveling  and  other  expenses  incurred 
while  engaged  in  the  performance  of  official  duties,  to 
be  audited  as  the  Legislature  may  direct. 

Sect.  5.  Povjers  of  the  Legislature. — The  Legislature 
shall  pass  such  laws  as  may  be  necessary  to  further 
define  and  regulate  the  powers  and  duties  of  the  board, 
wardens,  and  clerks,  and  to  carry  into  eflect  the  pro- 
visions of  this  article. 


208  CIVIL  GOVERNMENT. 

Sect.  6.  Convict  Labor. — After  the  first  day  of  Janu- 
ary, eighteen  hundred  and  eighty-two,  the  labor  of 
convicts  shall  not  be  let  out  by  contract  to  any  person, 
copartnership,  company,  or  corporation,  and  the  Legis- 
lature shall,  by  law,  provide  for  the  working  of  convicts 
for  the  benefit  of  the  State. 


ARTICLE  XL 

COUNTIES,   CITIES,    AND    TOWNS. 

Section  1.  Existing  Counties  Recognized. — The  several 
counties,  as  they  now  exist,  are  hereby  recognized  as  legal 
subdivisions  of  this  State. 

Sect.  2.  Removal  of  County  Seat. — No  county  seat 
shall  be  removed  unless  two  thirds  of  the  qualified 
electors  of  the  county,  voting  on  the  proposition  at  a 
general  election,  shall  vote  in  favor  of  such  removal.  A 
proposition  of  removal  shall  not  be  submitted  in  the 
same  county  more  than  once  in  four  years. 

Sect.  3.  New  Counties. — No  new  county  shall  be 
established  which  shall  reduce  any  county  to  a  popula- 
tion of  less  than  eight  thousand;  nor  shall  a  new  county 
be  formed  containing  a  less  population  than  five  thou- 
sand; nor  shall  any  line  thereof  pass  within  five  miles 
of  the  county  seat  of  any  county  proposed  to  be  divided. 
Every  county  which  shall  be  enlarged  or  created  from 
territory  taken  from  any  other  county  or  counties,  shall 
be  liable  for  a  just  proportion  of  the  existing  debts  and 
liabilities  of  the  county  or  counties  from  which  such 
territory  shall  be  taken. 

Sect.  4.  County  Government. — The  Legislature  shall 
establish  a  system  of  county  governments  which  shall  be 
uniform  throughout  the  State;  and  by  general  laws  shall 


CONSTITUTION  OF  CALIFORNIA.  209 

provide  for  township  organization,  under  which  any 
county  may  organize  whenever  a  majority  of  the  quali- 
fied electors  of  such  county,  voting  at  a  general  election, 
shall  so  determine;  and  whenever  a  county  shall  adopt 
township  organization,  the  assessment  and  collection  of 
the  revenue  shall  be  made  and  the  business  of  such 
county  and  the  local  affairs  of  the  several  townships 
therein  shall  be  managed  and  transacted  in  the  manner 
prescribed  by  such  general  laws. 

Sect.  5.  County  Officers. — The  Legislature,  by  gen- 
eral and  uniform  laws,  shall  provide  for  the  election  or 
appointment,  in  the  several  counties,  of  boards  of  super- 
visors, sheriffs,  county  clerks,  district  attorneys,  and  such 
other  county,  township,  and  municipal  officers  as  public 
convenience  may  require,  and  shall  prescribe  their  duties 
and  fix  their  terms  of  office.  It  shall  regulate  the  compen- 
sation of  all  such  officers,  in  proportion  to  duties,  and  for 
this  purpose  may  classify  the  counties  by  population ;  and 
it  shall  provide  for  the  strict  accountability  of  county  and 
township  officers  for  all  fees  which  may  be  collected  by 
them,  and  for  all  public  and  municipal  moneys  which  may 
be  paid  to  them  or  officially  come  into  their  possession. 

Sect.  6.  Municipal  Corporations. — Corporations  for 
municipal  purposes  shall  not  be  created  by  special  laws; 
but  the  Legislature,  by  general  laws,  shall  provide  for 
the  incorporation,  organization,  and  classification,  in 
proportion  to  population,  of  cities  and  towns,  which  laws 
may  be  altered,  amended,  or  repealed.  Cities  and  towns 
heretofore  organized  or  incorporated  may  become,  organ- 
ized under  such  general  laws  w^henever  a  majority  of  the 
electors  voting  at  a  general  election  shall  so  determine, 
and  shall  organize  in  conformity  therewith;  and  cities  or 
towns  heretofore  or  hereafter  organized,  and  all  charters 
thereof  framed  or  adopted  by  authority  of  this  Constitu- 
tion, shall  be  subject  to  and  controlled  by  general  laws. 

14— CO 


210  CIVIL  GOVERNMENT. 

Sect.  7.  Consolidated  City  and  County  Governme^nts. — 
City  and  county  governments  may  be  merged  and  con- 
solidated into  one  municipal  government,  with  one  set 
of  officers,  and  may  be  incorporated  under  general  laws 
providing  for  the  incorporation  and  organization  of  cor- 
porations for  municipal  purposes.  The  provisions  of  this 
Constitution  applicable  to  cities,  and  also  those  appli- 
cable to  counties,  so  far  as  not  inconsistent  or  not  pro- 
hibited to  cities,  shall  be  applicable  to  such  consolidated 
government.  In  consolidated  city  and  county  govern- 
ments, of  more  than  one  hundred  thousand  population, 
there  shall  be  two  boards  of  supervisors  or  houses  of 
legislation — one  of  which,  to  consist  of  twelve  persons, 
shall  be  elected  by  general  ticket  from  the  city  and 
county  at  large,  and  shall  hold  office  for  the  term  of  four 
years,  but  shall  be  so  classified  that  after  the  first  elec- 
tion only  six  shall  be  elected  every  two  years;  the  other, 
to  consist  of  twelve  persons,  shall  be  elected  every  two 
years,  and  shall  hold  office  for  the  term  of  two  years. 
Any  vacancy  occurring  in  the  office  of  supervisor,  in 
either  board,  shall  be  filled  by  the  mayor  or  other  chief 
executive  officer. 

Sect.  8.  Charters  for  Cities  Containing  more  than  One 
Hundred  Thousand  Inhabitants. — Any  city  containing  a 
population  of  more  than  one  hundred  thousand  inhabit- 
ants may  frame  a  charter  for  its  own  government,  consist- 
ent with  and  subject  to  the  Constitution  and  laws  of  this 
State,  by  causing  a  board  of  fifteen  freeholders,  who  shall 
have  been  for  at  least  five  years  qualified  electors  thereof, 
to  be  elected  by  the  qualified  voters  of  said  city,  at  any 
general  or  special  election,  whose  duty  it  shall  be,  within 
ninety  days  after  such  election,  to  prepare  and  propose  a 
charter  for  such  city,  which  shall  be  signed  in  duplicate 
by  the  members  of  such  Board,  or  a  majority  of  them,  and 
returned,  one  copy  thereof  to  the  mayor  or  other  chief 


CONSTITUTION  OF  CALIFORNIA.  211 

executive  officer  of  such  city,  and  the  other  to  the  recorder 
of  deeds  of  the  county.  Such  proposed  charter  shall  then 
be  published  in  two  daily  papers  of  general  circulation 
in  such  city  for  at  least  twenty  days;  and  within  not  less 
than  thirty  days  after  such  publication  it  shall  be  sub- 
mitted to  the  qualified  electors  of  such  city  at  a  general 
or  special  election,  and  if  a  majority  of  such  qualified 
electors  voting  thereat  shall  ratify  the  same,  it  shall 
thereafter  be  submitted  to  the  Legislature  for  its  approval 
or  rejection  as  a  whole,  without  power  of  alteration  or 
amendment.  Such  approval  may  be  made  by  concurrent 
resolution,  and  if  approved  by  a  majority  vote  of  the 
members  elected  to  each  house,  it  shall  become  the 
charter  of  such  city,  or  if  such  city  be  consolidated  with 
a  county,  then  of  such  city  and  county,  and  shall  become 
the  organic  law  thereof,  and  supersede  any  existing  char- 
ter and  all  amendments  thereof,  and  all  laws  inconsistent 
with  such  charter.  A  copy  of  such  charter,  certified  by 
the  mayor  or  chief  executive  officer,  and  authenticated 
by  the  seal  of  such  city,  setting  forth  the  submission  of 
such  charter  to  the  electors  and  its  ratification  by  them, 
shall,  after  the  approval  of  such  charter  by  the  Legisla- 
ture, be  made  in  duplicate  and  deposited,  one  in  the  office 
of  the  Secretary  of  State,  the  other,  after  being  recorded 
in  the  office  of  the  recorder  of  deeds  of  the  county,  among 
the  archives  of  the  city;  all  courts  shall  take  judicial 
notice  thereof.  The  charter  so  ratified  may  be  amended 
at  intervals  of  not  less  than  two  years,  by  proposals 
therefor,  submitted  by  legislative  authority  of  the  city 
to  the  qualified  voters  thereof,  at  a  general  or  special 
election  held  at  least  sixty  days  after  the  publication  of 
such  proposals,  and  ratified  by  at  least  three  fifths  of  the 
qualified  electors  voting  thereat,  and  approved  by  the 
Legislature  as  herein  provided  for  the  approval  of  the 
charter.     In  submitting  any  such  charter,  or  amendment 


212  CIVIL  GOVERNMENT. 

thereto,  any  alternative  article  or  proposition  may  be 
presented  for  the  clioice  of  the  voters,  and  may  be  voted 
on  separately  without  prejudice  to  others. 

Charters  for  Cities  Containing  more  than  Ten  Thousand 
Inhabitants. — Any  city  containing  a  population  of  more 
than  ten  thousand  and  not  more  than  one  hundred 
thousand  inhabitants  may  frame  a  charter  for  its  own 
government,  consistent  with  and  subject  to  the  Constitu- 
tion and  laws  of  this  State,  by  causing  a  board  of  fifteen 
freeholders,  who  shall  have  been  for  at  least  five  years 
qualified  electors  thereof,  to  be  elected  by  the  qualified 
voters  of  said  city,  at  any  general  or  special  election, 
whose  duty  it  shall  be,  within  ninety  days  after  such 
election,  to  prepare  and  propose  a  charter  for  such  city, 
which  shall  be  signed  in  duplicate  by  the  members  of 
such  board,  or  a  majority  of  them,  and  returned,  one 
copy  thereof  to  the  mayor  or  other  chief  executive  of 
said  city,  and  the  other  to  the  recorder  of  the  county. 
Such  proposed  charter  shall  be  published  in  two  daily 
newspapers  of  general  circulation  in  such  city,  for  at 
least  twenty  days,  and  the  first  publication  shall  be 
made  within  twenty  days  after  the  completion  of  the 
charter;  and  within  not  less  than  thirty  days  after  such 
publication  it  shall  be  submitted  to  the  qualified  electors 
of  said  city,  at  a  general  or  special  election,  and  if  a 
majority  of  such  qualified  electors  voting  thereat  shall 
ratify  the  same,  it  shall  thereafter  be  submitted  to  the 
Legislature  for  its  approval  or  rejection  as  a  whole,  with- 
out power  of  alteration  or  amendment.  Such  approval 
may  be  made  by  concurrent  resolution;  and  if  approved 
by  a  majority  vote  of  the  members  elected  to  each  house 
it  shall  become  the  charter  of  such  city,  and  the  organic 
law  thereof,  and  shall  supersede  any  existing  charter, 
and  any  amendments  thereof,  and  all  laws  inconsistent 
with  such  charter.     A  copy  of  such  charter,  certified  by 


CONSTITUTION  OF  CALIFORNIA.  213 

the  mayor  or  chief  executive  officer,  and  authenticated 
by  the  seal  of  such  city,  setting  forth  the  submission  of 
such  charter  .to  the  electors,  and  its  ratification  by  them, 
shall,  after  the  approval  of  such  charter  by  the  Legisla- 
ture, be  made  in  duplicate,  and  deposited,  one  in  the 
office  of  the  Secretary  of  State,  and  the  other,  after  being 
recorded  in  said  recorder's  office,  shall  be  deposited  in 
the  archives  of  the  city;  and  thereafter  all  courts  shall 
take  judicial  notice  of  said  charter.  The  charter  so 
ratified  may  be  amended,  at  intervals  of  not  less  than 
two  years,  by  proposals  therefor,  submitted  by  the  legis- 
lative authority  of  the  city  to  the  qualified  electors  thereof, 
at  a  general  or  special  election  held  at  least  sixty  days 
after  the  publication  of  such  proposals,  and  ratified  by 
at  least  three  fifths  of  the  qualified  electors  voting  thereat, 
and  approved  by  the  Legislature  as  herein  provided  for 
the  approval  of  the  charter.  In  submitting  any  such 
charter,  or  amendment  thereto,  any  alternative  article  or 
proposition  may  be  presented  for  the  choice  of  the  voters, 
and  may  be  voted  on  separately  without  prejudice  to 
others. 

Charters  for  Cities  Containing  more  than  Three  Thousand 
Five  Hundred  Inhabitants. — Any  city  containing  a  popu- 
lation of  more  than  three  thousand  five  hundred  and  not 
more  than  ten  thousand  inhabitants  may  frame  a  charter 
for  its  own  government,  consistent  with  and  subject  to 
the  Constitution  and  laws  of  this  State,  by  causing  a 
board  of  fifteen  freeholders,  who  shall  have  been  for  at 
least  five  years  qualified  electors  thereof,  to  be  elected  by 
the  qualified  electors  of  said  city,  at  any  general  or  special 
election,  whose  duty  it  shall  be,  within  ninety  days  after 
such  election,  to  prepare  and  propose  a  charter  for  such 
city,  which  shall  be  signed  in  duplicate  by  the  members 
of  such  board,  or  a  majority  of  them,  and  returned,  one 
copy  thereof  to  the  mayor  or  other  chief  executive  of 


214  aviL  iiorRRNMJiirr. 

said  dty,  aiid  the  other  to  the  recorder  of  the  i^iinty. 
8noh  proposi>d  charter  shall   be  published  in  a  daily 
lvajH>r  of  general  circulation  in  such  city^  for  at  least 
twenty  da\-B,  and  the  first  publication  shall  be  made 
within  twenty  days  after  the  completion  of  the  charter; 
and  within  not  less  than  thirty  days  alter  such  publica- 
tion it  shall  be  submitted  to  the  qualified  electors  of  said 
dty,  at  a  gi^ieral  oit  special  election,  and  if  a  majority  of 
such  qualifieil  ele<^<wr8  voting  thereat  shall  ratity  the 
saiue,  it  shall  thereafter  be  submitted  to  the  Legislature 
(or  it^  approval  or  rejection  as  a  whole,  without  power 
of  alteration   or  amendment     Such   approval  may  be 
made  by  concurrent  iesolution>  and  if  approved  by  a 
ni^ority  vote  of  the  members  elected  to  each  house  it 
shall  become  the  charter  of  such  city,  and  the  organic 
law  thereof,  and  shall  snj^rsede  any  ejsisting  charter, 
ai\d  any  amendments  thereof,  and  all  laws  inconsistent 
with  such  charter.     A  copy  of  such  charter,  certified  by 
the  mayor  or  chief  executive  officer,  and  authenticated 
by  the  seal  of  such  city,  setting  forth  the  submission  of 
such  charter  to  the  electors  and  its  ratification  by  them, 
shall,  after  the  approval  of  such  charter  by  the  Legisla- 
ture, be  made  in  duplicate  and  deposited,  one  in  the 
office  of  the  Secretary  of  State,  and  the  other,  after  being 
recorded  in  said  recorder's  office,  shall  be  deposited  in 
the  archives  of  the  city;  and  thereafter  all  courts  shall 
take  judicial  notice  of  said  charter.    The  charter  so  rati- 
fied may  be  amended,  at  intervals  of  not  less  than  two 
yeftiSy  by  proposals  therefor  submitted  by  the  legislative 
matliority  of  the  city  to  the  qualified  electors  thereof,  at 
m  gODeral  or  special  election  held  at  least  sixty  days  after 
liie  publication  of  such  proposals,  and  ratified  by  at  least 
three  fiUhs  of  the  qualified  voters  voting  thereat,  and 
af^oroved  by  the  Legislature  as  herein  provided  for  the 
appioval  of  tbe  charter.    In  submitting  any  such  charter, 


€at7.  'town,  or  Miiiiiica- 


216  CIVIL  GOVERNMENT. 

pal  improvement,  money,  property,  or  effects,  whether 
held  in  trust  or  otherwise,  or  to  levy  taxes  or  assess- 
ments, or  perform  any  municipal  functions  whatever. 

Sect.  14.  Local  Inspection  Officers.  —  No  State  office 
shall  be  continued  or  created  in  any  county,  city,  town, 
or  other  municipality,  for  the  inspection,  measurement, 
or  graduation  of  any  merchandise,  manufacture,  or  com- 
modity; but  such  county,  city,  town,  or  municipality 
may,  when  authorized  by  general  law,  appoint  such 
officers. 

Sect.  15.  Sanctity  of  Private  Property. — Private  prop- 
erty shall  not  be  taken  or  sold  for  the  payment  of  the 
corporate  debt  of  any  political  or  municipal  corporation. 

Sect.  16.  Moneys  to  be  Deposited  with  Treasurer. — All 
moneys,  assessments,  and  taxes  belonging  to  or  collected 
for  the  use  of  any  county,  city,  town,  or  other  public  or 
municipal  corporation,  coming  into  the  hands  of  any 
officer  thereof,  shall  immediately  be  deposited  with  the 
treasurer,  or  other  legal  depositary,  to  the  credit  of  such 
city,  town,  or  other  corporation  respectively,  for  the 
benefit  of  the  funds  to  which  they  respectively  belong. 

Sect.  17.  Public  Funds  not  to  be  Used  for  Private 
Profit. — The  making  of  profit  out  of  county,  city,  town, 
or  other  public  money,  or  using  the  same  for  any  purpose 
not  authorized  by  law,  by  any  officer  having  the  posses- 
sion or  control  thereof,  shall  be  a  felony,  and  shall  be 
prosecuted  and  punished  as  prescribed  by  law. 

Sect.  18.  Annual  Debt  not  to  Exceed  Annual  Income. — 
No  county,  city,  town,  township,  board  of  education,  or 
school  district,  shall  incur  any  indebtedness  or  liability' 
in  any  manner,  or  for  any  purpose,  exceeding  in  any  year 
the  income  and  revenue  provided  for  it  for  such  year, 
without  the  assent  of  two  thirds  of  the  qualified  electors 
thereof  voting  at  an  election  to  be  held  for  that  purpose, 


CONSTITUTION  OF  CALIFORNIA.  217 

nor  unless,  before  or  at  the  time  of  incurring  such 
indebtedness,  provision  shall  be  made  for  the  collection 
of  an  annual  tax  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due,  and  also  to  constitute  a 
sinking  fund  for  the  payment  of  the  principal  thereof 
within  twenty  years  from  the  time  of  contracting  the 
same.  Any  indebtedness  or  liability  incurred  contrary 
to  this  provision  shall  be  void. 

Sect.  19.  Use  of  Streets  for  Gas  and  Water  Pipes. — In 
any  city  where  there  are  no  public  works  owned  and 
controlled  by  the  municipality  for  supplying  the  same 
with  water  or  artificial  light,  any  individual,  or  any 
company  duly  incorporated  for  such  purpose  under  and 
by  authority  of  the  laws  of  this  State,  shall,  under  the 
direction  of  the  superintendent  of  streets,  or  other  officer 
in  control  thereof,  and  under  such  general  regulations 
as  the  municipality  may  prescribe  for  damages  and  in- 
demnity for  damages,  have  the  privilege  of  using  the 
public  streets  and  thoroughfares  thereof,  and  of  laying 
down  pipes  and  conduits  therein,  and  connections  there- 
with, so  far  as  may  be  necessary  for  introducing  into 
and  supplying  such  city  and  its  inhabitants  either  with 
gaslight  or  other  illuminating  light,  or  with  fresh  water 
for  domestic  and  all  other  purposes,  upon  the  condition 
that  the  municipal  government  shall  have  the  right  to 
regulate  the  charges  thereof.  [As  amended  November  4, 
1884.] 


ARTICLE  XII. 

CORPORATIONS. 


Section  1.  Formation  of  Corporations. — Corporations 
may  be  formed  under  general  laws,  but  shall  not  be 
created  by  special  act.     All  laws  now  in  force  in  this 


218  CIVIL  GOVERNMENT. 

State  concerning  corporations,  and  all  laws  that  may  be 
hereafter  passed  pursuant  to  this  section,  may  be  altered 
from  time  to  time  or  repealed. 

Sect.  2.  Dues  from  Corporations. — Dues  from  corpora- 
tions shall  be  secured  by  such  individual  liability  of  the 
corporators  and  other  means  as  may  be  prescribed  by  law. 

Sect.  3.  Liability  of  Stockholders  and  of  Directors. — 
Each  stockholder  of  a  corporation,  or  joint-stock  associa- 
tion, shall  be  individually  and  personally  liable  for  such 
proportion  of  all  its  debts  and  liabilities  contracted  or 
incurred,  during  the  time  he  was  a  stockholder,  as  the 
amount  of  stock  or  shares  owned  by  him  bears  to  the 
whole  of  the  subscribed  capital  stock  or  shares  of  the 
corporation  or  association.  The  directors  or  trustees  of 
corporations  and  joint-stock  associations  shall  be  jointly 
and  severally  liable  to  the  creditors  and  stockholders  for 
all  moneys  embezzled  or  misappropriated  by  the  officers 
of  such  corporation  or  joint-stock  association,  during  the 
term  of  office  of  such  director  or  trustee. 

Sect.  4.  Meaning  of  Corporations. — The  term  corpora- 
tions, as  used  in  this  article,  shall  be  construed  to  include 
all  associations  and  joint-stock  companies  having  any  of 
the  powers  or  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships,-  and  all  corporations  shall 
have  the  right  to  sue,  and  be  subject  to  be  sued,  in  all 
courts,  in  like  cases  as  natural  persons. 

Sect.  5.  Banks. — The  Legislature  shall  have  no  power 
to  pass  any  act  granting  any  charter  for  banking  pur- 
poses, but  corporations  or  associations  may  be  formed  for 
such  purposes  under  general  laws.  No  corporation,  asso- 
ciation, or  individual  shall  issue  or  put  in  circulation,  as 
money,  anything  but  the  lawful  money  of  the  United 
States. 

Sect.  6.  Existing  Charters,  Repealed  in  Certain  Cases. 
All  existing  charters,  grants,  franchises,  special  or  exclu- 


CONSTITUTION  OF  CALIFORNIA.  219 

sive  privileges,  under  which  an  actual  and  bona  fide 
organization  shall  not  have  taken  place,  and  business 
been  commenced  in  good  faith,  at  the  time  of  the  adoption 
of  this  Constitution,  shall  thereafter  have  no  validity. 

Sect.  7.  Franchise  not  to  be  Extended. — The  Legisla- 
ture shall  not  extend  any  franchise-or  charter,  nor  remit 
the  forfeiture  of  any  franchise  or  charter  of  any  corpora- 
tion now  existing,  or  which  shall  hereafter  exist  under 
the  laws  of  this  State. 

Sect.  8.  Corporate  Property  Subject  to  Eminent  Domain. 
The  exercise  of  the  right  of  eminent  domain  shall  never 
be  so  abridged  or  construed  as  to  prevent  the  Legislature 
from  taking  the  property  and  franchises  of  incorporated 
companies  and  subjecting  them  to  public  use  the  same  as 
the  property  of  individuals,  and  the  exercise  of  the  police 
power  of  the  State  shall  never  be  so  abridged  or  construed 
as  to  permit  corporations  to  conduct  their  business  in 
such  manner  as  to  infringe  the  rights  (5f  individuals  or 
the  general  well-being  of  the  State. 

Sect.  9.  Limitation  on  Business  of  Corporations. — No 
corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter,  or  the  law  under 
which  it  may  have  been  or  may  hereafter  be  organized; 
nor  shall  it  hold  for  a  longer  period  than  five  years  any 
real  estate  except  such  as  may  be  necessary  for  carrying 
on  its  business. 

Sect.  10.  Liability  not  Released  by  Transfer  of  Fran- 
chise.— =The  Legislature  shall  not  pass  any  laws  permit- 
ting the  leasing  or  alienation  of  any  franchise,  so  as  to 
relieve  the  franchise  or  property  held  thereunder  from 
the  liabilities  of  the  lessor  or  grantor,  lessee  or  grantee, 
contracted  or  incurred  in  the  operation,  use,  or  enjoy- 
ment of  such  franchise,  or  any  of  its  privileges. 

Sect.  11.  Issuance  of  Stock. — No  corporation  shall 
issue  stock  or  bonds,  except  for  money  paid,  labor  done, 


220  CIVIL  GOVERNMENT. 

or  property  actually  received,  and  all  fictitious  increase 
of  stock  or  indebtedness  shall  be  void.  The  stock  and 
bonded  indebtedness  of  corporations  shall  not  be  increased 
except  in  pursuance  of  general  law,  nor  without  the  con- 
sent of  the  persons  holding  the  larger  amount  in  value 
of  the  stock,  at  a  meeting  called  for  that  purpose,  giving 
sixty  days'  public  notice,  as  may  be  provided  by  law. 

Sect.  12.  Elections  of  Directors. — In  all  elections  for 
directors  or  managers  of  corporations,  every  stockholder 
shall  have  the  right  to  vote,  in  person  or  by  proxy,  the 
number  of  shares  of  stock  owned  by  him  for  as  many 
persons  as  there  are  directors  or  managers  to  be  elected, 
or  to  cumulate  said  shares  and  give  one  candidate  as 
many  votes  as  the  number  of  directors  multiplied  by  the 
number  of  his  shares  of  stock  shall  equal,  or  to  distribute 
them,  on  the  same  principle,  among  as  many  candidates 
as  he  shall  think  fit;  and  such  directors  or  managers 
shall  not  be  elected  in  any  other  manner,  except  that 
members  of  cooperative  societies  formed  for  agricultural, 
mercantile,  and  manufacturing  purposes,  may  vote  on  all 
questions  affecting  such  societies  in  manner  prescribed 
by  law. 

Sect.  13.  State  Credit  not  to  be  Loaned. — The  State 
shall  not  in  any  manner  loan  its  credit,  nor  shall  it  sub- 
scribe to,  or  be  interested  in,  the  stock  of  any  company, 
association,  or  corporation. 

Sect.  14.  Office  of  Corporation. — Every  corporation 
other  than  religious,  educational,  or  benevolent,  organized 
or  doing  business  in  this  State,  shall  have  and  maintain 
an  office  or  place  in  this  State  for  the  transaction  of  its 
business,  where  transfers  of  stock  shall  be  made,  and  in 
which  shall  be  kept,  for  inspection  by  every  person  having 
an  interest  therein,  and  legislative  committees,  books 
in  which  shall  be  recorded  the  amount  of  capital  stock 
subscribed,  and  by  whom;  the  names  of  the  owners  of  its 


CONSTITUTION  OF  CALIFORNIA.  221 

stock,  and  the  amounts  owlied  by  them  respectively;  the 
amount  of  stock  paid  in,  and  by  whom;  the  transfers  of 
stock;  the  amount  of  its  assets  and  liabilities,  and  the 
names  and  place  of  residence  of  its  officers. 

Sect.  15.  Foreign  Corporations. — No  corporation  or- 
ganized outside  the  limits  of  this  State  shall  be  allowed 
to  transact  business  within  this  State  on  more  favorable 
conditions  than  are  prescribed  by  law  to  similar  corpora- 
tions organized  under  the  laws  of  this  State. 

Sect.  16.  Where  a  Corporation  may  he  Sued. — A  cor- 
poration or  association  may  be  sued  in  the  county  where 
the  contract  is  made  or  is  to  be  performed,  or  where  the 
obligation  or  liability  arises,  or  the  breach  occurs;  or  in 
the  county  where  the  principal  place  of  business  of  such 
corporation  is  situated,  subject  to  the  power  of  the  court 
to  change  the  place  of  trial  as  in  other  cases. 

Sect.  17.  Common  Carriers.  —  All  railroad,  canal, 
and  other  transportation  companies  are  declared  to  be 
common  carriers,  and  subject  to  legislative  control.  Any 
association  or  corporation,  organized  for  the  purpose 
under  the  laws  of  this  State,  shall  have  the  right  to 
connect  at  the  State  line  with  railroads  of  other  States. 
Every  railroad  company  shall  have  the  right  with  its  road 
to  intersect,  connect  with,  or  cross  any  other  railroad,  and 
shall  receive  and  transport  each  the  other's  passengers, 
tonnage,  and  cars,  without  delay  or  discrimination. 

Sect.  1 8.  Limit  on  Interest  of  an  Officer  or  Agent. — No 
president,  director,  officer,  agent,  or  employe  of  any  rail- 
road or  canal  company  shall  be  interested,  directly  or 
indirectly,  in  the  furnishing  of  material  or  supplies  to 
such  company,  nor  in  the  business  of  transportation  as  a 
common  carrier  of  freight  or  passengers  over  the  works 
owned,  leased,  controlled,  or  worked  by  such  company, 
except  such  interest  in  the  business  of  transportation  as 
lawfully  flows  from  the  ownership  of  stock  therein. 


222  CIVTL  GOVERNMENT. 

Sect.  19.  Public  Officers  not  to  Receive  Passes. — No 
railroad  or  other  transportation  company  shall  grant 
free  passes,  or  passes  or  tickets  at  a  discount,  to  any 
person  holding  any  office  of  honor,  trust,  or  profit  in  this 
State;  and  the  acceptance  of  any  such  pass  or  ticket  by 
a  member  of  the  Legislature,  or  any  public  officer,  other 
than  railroad  commissioner,  shall  work  a  forfeiture  of 
his  office. 

Sect.  20.  Earnings  not  to  be  Shared.  —  No  railroad 
company  or  other  common  carrier  shall  combine  or  make 
any  contract  with  the  owners  of  any  vessel  that  leaves 
port  or  makes  port  in  this  State,  or  with  any  common 
carrier,  by  which  combination  or  contract  the  earnings 
of  one  doing  the  carrying  are  to  be  shared  by  the  other 
not  doing  the  carrying. 

Rates  not  to  be  Increased.  —  And  whenever  a  railroad 
corporation  shall,  for  the  purpose  of  competing  with  any 
other  common  carrier,  lower  its  rates  for  transportation 
of  passengers  or  freight  from  one  point  to  another,  such 
reduced  rates  shall  not  be  again  raised  or  increased  from 
such  standard  without  the  consent  of  the  governmental 
authority  in  which  shall  be  vested  the  power  to  regulate 
fares  and  freights. 

Sect.  21.  Discrimination  Forbidden. — No  discrimina- 
tion in  charges  or  facilities  for  transportation  shall  be 
made  by  any  railroad  or  other  transportation  company 
between  places  or  persons,  or  in  the  facilities  for  the 
transportation  of  the  same  classes  of  freight  or  passen- 
gers within  this  State,  or  coming  from  or  going  to  any 
other  State.  Persons  and  property  transported  over  any 
railroad,  or  by  any  other  transportation  company  or 
individual,  shall  be  delivered  at  any  station,  landing,  or 
port,  at  charges  not  exceeding  the  charges  for  the  trans- 
portation of  persons  and  property  of  the  same  class,  in 
the  same  direction,  to  any  more  distant   station,  port, 


CONSTITUTION  OF  CALIFORNIA.  223 

or  landing.  Excursion  and  commutation  tickets  may  be 
issued  at  special  rates. 

Sect.  22.  Railroad  Commissioners:  Number;  Election; 
Term. — The  State  shall  be  divided  into  three  districts  as 
nearly  equal  in  population  as  practicable,  in  each  of  which 
one  railroad  commissioner  shall  be  elected  by  the  qualified 
electors  thereof  at  the  regular  gubernatorial  elections, 
whose  salary  shall  be  fixed  by  law,  and  whose  term  of  office 
shall  be  four  years,  commencing  on  the  first  Monday  after 
the  first  day  of  January  next  succeeding  their  election. 

Qualifications. — Said  commissioners  shall  be  qualified 
electors  of  this  State  and  of  the  district  from  which  they 
are  elected,  and  shall  not  be  interested  in  any  railroad 
corporation,  or  other  transportation  company,  as  stock- 
holder, creditor,  agent,  attorney,  or  employe;  and  the 
act  of  a  majority  of  said  commissioners  shall  be  deemed 
the  act  of  said  commission. 

Powers  and  Duties.  —  Said  commissioners  shall  have 
the  power,  and  it  shall  be  their  duty,  to  establish  rates  of 
charges  for  the  transportation  of  passengers  and  freight 
by  railroad  or  other  transportation  companies,  and  pub- 
lish the  same  from  time  to  time,  with  such  changes  as 
they  may  make;  to  examine  the  books,  records,  and 
papers  of  all  railroad  and  other  transportation  com- 
panies, and  for  this  purpose  they  shall  have  power  to 
issue  subpoenas  and  all  other  necessary  process;  to  hear 
and  determine  complaints  against  railroad  and  other 
transportation  companies,  to  send  for  persons  and  j^apers, 
to  administer  oaths,  take  testimony,  and  punish  for  con- 
tempt of  their  orders  and  processes,  in  the  same  manner 
and  to  the  same  extent  as  courts  of  record,  and  enforce 
their  decisions  and  correct  abuses  through  the  medium 
of  the  courts.  Said  commissioners  shall  prescribe  a 
uniform  system  of  accounts  to  be  kept  by  all  such 
corporations  and  companies. 


224  CIVIL  GOVERNMENT. 

Failure  of  Railroad  Company  to  Conform  to  Rates^  How 
Punished. — Any  railroad  corporation  or  transportation 
company  which  shall  fail  or  refuse  to  conform  to  such 
rates  as  shall  be  established  by  such  commissioners,  or 
shall  charge  rates  in  excess  thereof,  or  shall  fail  to  keep 
their  accounts  in  accordance  with  the  system  prescribed 
by  the  commission,  shall  be  fined  not  exceeding  twenty 
thousand  dollars  for  each  offense;  and  every  officer, 
agent,  or  employe  of  any  such  corporation  or  company, 
who  shall  demand  or  receive  rates  in  excess  thereof,  or 
who  shall  in  any  manner  violate  the  provisions  of  this 
section,  shall  be  fined  not  exceeding  five  thousand  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  exceeding 
one  year.  In  all  controversies,  civil  or  criminal,  the 
rates  of  fares  and  freights  established  by  said  commis- 
sion shall  be  deemed  conclusively  just  and  reasonable, 
and  in  any  action  against  such  corporation  or  company 
for  damages  sustained  by  charging  excessive  rates,  the 
plaintiff,  in  addition  to  the  actual  damage,  may,  in  the 
discretion  of  the  judge  or  jury,  recover  exemplary  dam- 
ages. Said  commission  shall  report  to  the  Governor, 
annually,  their  proceedings,  and  such  other  facts  as  may 
be  deemed  important.  Nothing  in  this  section  shall  pre- 
vent individuals  from  maintaining  actions  against  any 
of  such  companies.  The  Legislature  may,  in  addition  to 
any  penalties  herein  prescribed,  enforce  this  article  by 
forfeiture  of  charter  or  otherwise,  and  may  confer  such 
further  powers  on  the  commissioners  as  shall  be  necessary 
to  enable  them  to  perform  the  duties  enjoined  on  them 
in  this  and  the  foregoing  section. 

Commissioners,  How  Removed. — The  Legislature  shall 
have  power,  by  a  two-thirds  vote  of  all  the  members 
elected  to  each  house,  to  remove  any  one  or  more  of  said 
commissioners  from  office,  for  dereliction  of  duty,  or  cor- 
ruption, or  incompetency;  and  whenever,  from  any  cause, 


CONSTITUTION  OF  CALIFORNIA.  225 

a  vacancy  in  office  shall  occur  in  said  commission,  the 
Governor  shall  fill  the  same  by  the  appointment  of  a 
qualified  person  thereto,  who  shall  hold  office  for  the 
residue  of  the  unexpired  term,  and  until  his  successor 
shall  have  been  elected  and  qualified. 

Sect.  23.  Railroad  Districts.  —  Until  the  Legislature 
shall  district  the  State,  the  following  shall  be  the  rail- 
road districts:  The  first  district  shall  be  composed  of  the 
counties  of  Alpine,  Amador,  Butte,  Calaveras,  Colusa,  Del 
Norte,  El  Dorado,  Humboldt,  Lake,  Lassen,  Mendocino, 
Modoc,  Napa,  Nevada,  Placer,  Plumas,  Sacramento, 
Shasta,  Sierra,  Siskiyou,  Solano,  Sonoma,  Sutter,  Tehama, 
Trinity,  Yolo,  and  Yuba,  from  which  one  railroad  com- 
missioner shall  be  elected.  The  second  district  shall  be 
composed  of  the  counties  of  Marin,  San  Francisco,  and 
San  Mateo,  from  which  one  railroad  commissioner 
shall  be  elected.  The  third  district  shall  be  composed 
of  the  counties  of  Alameda,  Contra  Costa,  Fresno,  Inyo, 
Kern,  Los  Angeles,  Mariposa,  Merced,  Mono,  Monterey, 
San  Benito,  San  Bernardino,  San  Diego,  San  Joaquin, 
San  Luis  Obispo,  Santa  Barbara,  Santa  Clara,  Santa 
Cruz,  Stanislaus,  Tulare,  Tuolumne,  and  Ventura,  from 
which  one  railroad  commissioner  shall  be  elected. 

Sect.  24.  Legislature  to  Enforce  this  Article. — The  Leg- 
islature shall  pass  all  laws  necessary  for  the  enforcement 
of  the  provisions  of  this  article. 


ARTICLE  XIII. 

rp:venue  and  taxation. 

Section  1 .  Property  to  be  Taoced  According  to  Value. — 
All  property  in  the  State  not  exempt  under  the  laws  of 
the  United  States,  shall  be  taxed  in  proportion  to  its 
value,  to  be  ascertained  as  provided  by  law.     The  word 

15— CO 


226  CIVIL  GOVERNMENT. 

"property/'  as  used  in  this  article  and  section,  is  hereby 
declared  to  include  moneys,  credits,  bonds,  stocks,  dues, 
franchises,  and  all  other  matters  and  things,  real,  per- 
sonal, and  mixed,  capable  of  private  ownership;  pro- 
vided, that  growing  crops,  property  used  exclusively  for 
public  schools,  and  such  as  may  belong  to  the  United 
States,  this  State,  or  to  any  county  or  municipal  corpora- 
tion within  this  State,  shall  be  exempt  from  taxation. 
The  Legislature  may  provide,  except  in  the  case  of  credits 
secured  by  mortgage  or  trust  deed,  for  a  deduction  from 
credits  of  debts  due  to  bona  fide  residents  of  this  State. 

Sect.  2.  Assessment  of  Lands. — Land,  and  the  im- 
provements thereon,  shall  be  separately  assessed.  Cul- 
tivated and  uncultivated  land,  of  the  same  quality,  and 
similarly  situated,  shall  be  assessed  at  the  same  value. 

Sect.  3.  Assessment  of  Tracts. — Every  tract  of  land 
containing  more  than  six  hundred  and  forty  acres,  and 
which  has  been  sectionized  by  the  United  States  govern- 
ment, shall  be  assessed,  for  the  purposes  of  taxation,  by 
sections  or  fractions  of  sections.  The  Legislature  shall 
provide  by  law  for  the  assessment,  in  small  tracts,  of  all 
lands  not  sectionized  by  the  United  States  government. 

Sect.  4.  Taxation  of  Mortgages. — A  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a  debt  is 
secured,  shall,  for  the  purposes  of  assessment  and  taxa- 
tion, be  deemed  and  treated  as  an  interest  in  the  property 
affected  thereby.  Except  as  to  railroad  and  other  quasi- 
public  corporations,  in  case  of  debt  so  secured,  the  value 
of  the  property  affected  by  such  mortgage,  deed  of  trust, 
contract,  or  obligation,  less  the  value  of  such  security, 
shall  be  assessed  and  taxed  to  the  owner  of  the  property, 
and  the  value  of  such  security  shall  be  assessed  and 
taxed  to  the  owner  thereof,  in  the  county,  city,  or  dis- 
trict in  which  the  property  affected  thereby  is  situate. 
The  taxes  so  levied  shall  be  a  lien  upon  the  property 


CONSTITUTION  OF  CALIFORNIA.  227 

and  security,  and  may  be  paid  by  either  party  to  such 
security;  if  paid  by  the  owner  of  the  security,  the  tax  so 
levied  upon  the  property  affected  thereby  shall  become  a 
part  of  the  debt  so  secured;  if  the  owner  of  the  property 
shall  pay  the  tax  so  levied  on  such  security,  it  shall 
constitute  a  payment  thereon,  and  to  the  extent  of  such 
payment,  a  full  discharge  thereof;  provided,  that  if  any 
such  security  or  indebtedness  shall  be  paid  by  any  such 
debtor  or  debtors,  after  assessment  and  before  the  tax 
levy,  the  amount  of  such  levy  may  likewise  be  retained 
by  such  debtor  or  debtors,  and  shall  be  computed  accord- 
ing to  the  tax  levy  for  the  preceding  year. 

Sect.  5.  Contract  to  Pay  Tax  on  Borrowed  Money, 
Void. — Every  contract  hereafter  made,  by  which  a  debtor 
is  obligated  to  pay  any  tax  or  assessment  on  money 
loaned,  or  on  any  mortgage,  deed  of  trust,  or  other  lien, 
shall,  as  to  any  interest  specified  therein,  and  as  to  such 
tax  or  assessment,  be  null  and  void. 

Sect.  6.  Power  of  Taxation  not  to  he  Impaired. — The 
power  of  taxation  shall  never  be  surrendered  or  sus- 
pended by  any  grant  or  contract  to  which  the  State  shall 
be  a  party. 

Sect.  7.  Payment  of  Taxes  by  Installments. — The  Leg- 
islature shall  have  the  power  to  provide  by  law  for  the 
payment  of  all  taxes  on  real  property  by  installments. 

Sect.  8.  T^axpayer  to  make  Statement  to  County  As- 
sessor.— The  Legislature  shall  by  law  require  each  tax- 
payer in  this  State  to  make  and  deliver  to  the  county 
assessor,  annually,  a  statement,  under  oath,  setting  forth 
specifically  all  the  real  and  personal  property  owned  by 
such  taxpayer,  or  in  his  possession,  or  under  his  control, 
at  twelve  o'clock  meridian,  on  the  first  Monday  of  March. 

Sect.  9.  State  Board  of  Equalization. — County  Boards 
of  Equalization. — A  State  board  of  equalization,  consist- 
ing of  one  member  from  each  congressional  district  in 


228  CIVIL  GOVERNMENT. 

this  State,  as  the  same  existed  in  eighteen  hundred  and 
seventy-nine,  shall  be  elected  by  the  qualified  electors  of 
their  respective  districts,  at  the  general  election  to  be 
held  in  the  year  one  thousand  eight  hundred  and  eighty- 
six,  and  at  each  gubernatorial  election  thereafter,  whose 
term  of  office  shall  be  for  four  years;  whose  duty  it  shall 
be  to  equalize  the  valuation  of  the  taxable  property  in  the 
several  counties  of  the  State  for  the  purposes  of  taxation. 
The  Controller  of  State  shall  be  ex  officio  a  member  of  the 
board.  The  boards  of  supervisors  of  the  several  counties 
of  the  State  shall  constitute  boards  of  equalization  for 
their  respective  counties,  whose  duty  it  shall  be  to  equalize 
the  valuation  of  the  taxable  property  in  the  county  for 
the  purpose  of  taxation;  provided,  such  State  and  county 
boards  of  equalization  are  hereby  authorized  and  empow- 
ered, under  such  rules  of  notice  as  the  county  boards  may 
prescribe  as  to  county  assessments,  and  under  such  rules 
of  notice  as  the  State  board  may  prescribe  as  to  the  action 
of  the  State  board,  to  increase  or  lower  the  entire  assess- 
ment roll,  or  any  assessment  contained  therein,  so  as  to 
equalize  the  assessment  of  the  property  contained  in  said 
assessment  roll,  and  make  the  assessment  conform  to  the 
true  value  in  money  of  the  property  contained  in  said  roll; 
provided,  that  no  board  of  equalization  shall  raise  any 
mortgage,  deed  of  trust,  contract,  or  other  obligation  by 
which  a  debt  is  secured,  money,  or  solvent  credits,  above 
its  face  value.  The  present  State  board  of  equalization 
shall  continue  in  office  until  their  successors,  as  herein 
provided  for,  shall  be  elected  and  shall  qualify.  The 
Legislature  shall  have  power  to  redistrict  the  State  into 
four  districts,  as  nearly  equal  in  population  as  practical, 
and  to  provide  for  the  elections  of  members  of  said  board 
of  equalization.     [As  amended  November  4,  1884.] 

Sect.  10.     Property,  Where  and  hy  Whom  Assessed. — All 
property,  except  as  hereinafter  in  this  section  provided, 


COmrtTVTIOK  of  CALIFORNIA.  229 

shall  be  assessed  in  the  county,  city,  city  and  county, 
town,  township,  or  district  in  which  it  is  situated,  in  the 
manner  prescribed  by  law.  The  franchise,  roadway, 
road-bed,  rails,  and  rolling  stock  of  all  railroads  oper- 
ated in  more  than  one  county  in  this  State  shall  be 
assessed  by  the  State  board  of  equalization  at  their 
actual  value,  and  the  same  shall  be  apportioned  to  the 
counties,  cities  and  counties,  cities,  towns,  townships, 
and  districts  in  which  such  railroads  are  located,  in  pro- 
portion to  the  number  of  miles  of  railway  laid  in  such 
counties,  cities  and  counties,  cities,  towns,  townships, 
and  districts. 

Sect.  1 1 .  Income  Taxes. — Income  taxes  may  be  assessed 
to  and  collected  from  persons,  corporations,  joint-stock 
associations,  or  companies  resident  or  doing  business  in 
this  State,  or  any  one  or  more  of  them,  in  such  cases 
and  amounts,  and  in  such  manner,  as  shall  be  prescribed 
by  law. 

Sect.  12.  Poll  Tax. — The  Legislature  shall  provide 
for  the  levy  and  collection  of  an  annual  poll  tax  of  not 
less  than  two  dollars  on  every  male  inhabitant  of  this 
State,  over  twenty-one  and  under  sixty  years  of  age, 
except  paupers,  idiots,  insane  persons,  and  Indians  not 
taxed.    Said  tax  shall  be  paid  into  the  State  school  fund. 

Sect.  13.  Legislature  to  Enforce  this  Article.  —  The 
Legislature  shall  pass  all  laws  necessary  to  carry  out 
the  provisions  of  this  article. 


ARTICLE  XIV. 

WATER   AND    WATER    RIGHTS. 


Section  1.  Water  Rights  Subject  to  Control  of  State. — 
The  use  of  all  water  now  appropriated,  or  that  may  here- 
after be  appropriated,  for  sale,  rental,  or  distribution,  is 


230  CIVIL  GOVERNMENT. 

hereby  declared  to  be  a  public  use,  and  subject  to  the 
regulation  and  control  of  the  State,  in  the  manner  to  be 
prescribed  by  law. 

Rates  to  he  Fixed  Annually. — Provided^  that  the  rates  or 
compensation  to  be  collected  by  any  person,  company,  or 
corporation  in  this  State  for  the  use  of  water  supplied  to 
any  city  and  county,  or  city,  or  town,  or  the  inhabitants 
thereof,  shall  be  fixed,  annually,  t>y*the  board  of  super- 
visors, or  city  and  county,  or  city,  or  town  council,  or  other 
governing  body  of  such  city  and  county,  or  city,  or  town, 
by  ordinance  or  otherwise,  in  the  manner  that  other  ordi- 
nances or  legislative  acts  or  resolutions  are  passed  by 
such  body,  and  shall  continue  in  force  for  one  year  and  no 
longer.  Such  ordinances  or  resolutions  shall  be  passed 
in  the  month  of  February  of  each  year,  and  take  effect 
on  the  first  day  of  July  thereafter.  Any  board  or  body 
failing  to  pass  the  necessary  ordinances  or  resolutions 
fixing  water  rates,  where  necessary,  within  such  time, 
shall  be  subject  to  peremptory  process  to  compel  action 
at  the  suit  of  any  party  interested,  and  shall  be  liable 
to  such  further  processes  and  penalties  as  the  Legislature 
may  prescribe. 

Penalty  for  Non-Compliance  with  Rules. — Any  person, 
company,  or  corporation  collecting  water  rates  in  any  city 
and  county,  or  city,  or  town  in  this  State,  otherwise  than 
as  so  established,  shall  forfeit  the  franchises  and  water- 
works of  such  person,  company,  or  corporation  to  the  city 
and  county,  or  city,  or  town  where  the  same  are  collected, 
for  the  public  use. 

Sect.  2.  Water  Rights,  a  Franchise.  —  The  right  to 
collect  rates  or  compensation  for  the  use  of  water  supplied 
to  any  county,  city  and  county,  or  town,  or  the  inhabit- 
ants thereof,  is  a  franchise,  and  cannot  be  exercised 
except  by  authority  of  and  in  the  manner  prescribed  by 
law. 


CONSTITUTION  OF  CALIFORNIA.  231 

ARTICLE  XV. 

HARBOR   frontages;    NAVIGABLE    WATERS;    TIDE    LANDS. 

Section  1,  Right  of  the  State  to  Frontages. — The  right 
of  eminent  domain  is  hereby  declared  to  exist  in  the  State 
to  all  frontages  on  the  navigable  waters  of  this  State. 

Sect.  ^.  Access  to  Navigable  Waters. — No  individual, 
partnership,  or  corporation,  claiming  or  possessing  the 
frontage  or  tidal  lands  of  a  harbor,  bay,  inlet,  estuary, 
or  other  navigable  water  in  this  State,  shall  be  permitted 
to  exclude  the  right  of  way  to  such  water  whenever  it  is 
required  for  any  public  purpose,  nor  to  destroy  or  obstruct 
the  free  navigation  of  such  water;  and  the  Legislature 
shall  enact  such  laws  as  will  give  the  most  liberal  con- 
struction to  this  provision,  so  that  access  to  the  naviga- 
ble waters  of  this  State  shall  be  always  attainable  for  the 
people  thereof. 

Sect.  3.  Tide  Lands. — All  tide  lands  within  two  miles 
of  any  incorporated  city  or  town  of  this  State,  and  front- 
ing on  the  waters  of  any  harbor,  estuary,  bay,  or  inlet 
used  for  the  purposes  of  navigation,  shall  be  withheld 
from  grant  or  sale  to  private  persons,  partnerships,  or 
corporations. 


ARTICLE  XVI. 

%  state  indebtedness. 

Section  1.  Liabilities  Exceeding  $300fi00^  How  Cre- 
ated.— The  Legislature  shall  not,  in  any  manner,  create 
any  debt  or  debts,  liability  or  liabilities,  which  shall, 
singly  or  in  the  aggregate  with  any  previous  debts  or 
liabilities,  exceed  the  sum  of  three  hundred  thousand 
dollars,  except  in  case  of  war  to  repel  invasion  or  sup- 
press insurrection,  unless  the  same  shall  be  authorized 


232  CIVIL  GOVERNMENT. 

by  law  for  some  single  object  or  work  to  be  distinctly 
specified  therein,  which  law  shall  provide  ways  and 
means,  exclusive  of  loans,  for  the  payment  of  the  inter- 
est of  such  debt  or  liability  as  it  falls  due,  and  also  to 
pay  and  discharge  the  principal  of  such  debt  or  liability 
within  twenty  years  of  the  time  of  the  contracting  thereof, 
and  shall  be  irrepealable  until  the  principal  and  interest 
thereon  shall  be  paid  and  discharged;  but  no  such  law 
shall  take  effect  until,  at  a  general  election,  it  shall  have 
been  submitted  to  the  people  and  shall  have  received  a 
majority  of  all  the  votes  cast  for  and  against  it  at  such 
election ;  and  all  moneys  raised  by  authority  of  such  law 
shall  be  applied  only  to  the  specific  object  therein  stated, 
or  to  the  payment  of  the  debt  thereby  created,  and  such 
law  shall  be  published  in  at  least  one  newspaper  in  each 
county,  or  city  and  county,  if  one  be  published  therein, 
throughout  the  State,  for  three  months  next  preceding 
the  election  at  which  it  is  submitted  to  the  people.  The 
Legislature  may  at  any  time  after  the  approval  of  such 
law  by  the  people,  if  no  debt  shall  have  been  contracted 
in  pursuance  thereof,  repeal  the  same. 


ARTICLE  XVII. 

LAND,    AND    HOMESTEAD   EXEMPTION. 

Section  1.  Homestead  Exemption. — The  Legislature 
shall  protect,  by  law,  from  forced  sale,  a  certain  portion 
of  the  homestead  and  other  property  of  all  heads  of 
families. 

Sect.  2.  Large  Land  Holdings  Discouraged.  —  The 
holding  of  large  tracts  of  land,  uncultivated  and  unim- 
proved, by  individuals  or  corporations,  is  against  the 
public  interest,  alid  should  be  discouraged  by  all  means 
not  inconsistent  with  the  rights  of  private  property. 


CONSTITUTION  OF  CALIFORNIA.  233 

Sect.  3.  State  Lands  to  he  Granted  Only  to  Actual 
Settlers. — Lands  belonging  to  this  State,  which  are  suit- 
able for  cultivation,  shall  be  granted  only  to  actual 
settlers,  and  in  quantities  not  exceeding  three  hundred 
and  twenty  acres  to  each  settler,  under  such  conditions 
as  shall  be  prescribed  by  law. 


ARTICLE  XVIII. 

AMENDING   AND    REVISING    THE    CONSTITUTION. 

Section  1.  Amendments,  How  Made. — Any  amendment 
or  amendments  to  this  Constitution  may  be  proposed  in 
the  Senate  or  Assembly,  and  if  two  thirds  of  all  the 
members  elected  to  each  of  the  two  houses  shall  vote  in 
favor  thereof,  such  proposed  amendment  or  amendments 
shall  be  entered  in  their  journals,  with  the  yeas  and  nays 
taken  thereon;  and  it  shall  be  the  duty  of  the  Legisla- 
ture to  submit  such  proposed  amendment  or  amendments 
to  the  people  in  such  .manner,  and  at  such  time,  and  after 
such  publication  as  may  be  deemed  expedient.  Should 
more  amendments  than  one  be  submitted  at  the  same 
election  they  shall  be  so  prepared  and  distinguished,  by 
numbers  or  otherwise,  that  each  can  be  voted  on  sepa- 
rately. If  the  people  shall  approve  and  ratify  such 
amendment  or  amendments,  or  any  of  them,  by  a 
majority  of  the  qualified  electors  voting  thereon,  such 
amendment  or  amendments  shall  become  a  part  of  this 
Constitution.     (Compare  U.  S.  Const.,  Art.  V.) 

Sect.  2.  Convention  for  Revision.  —  Whenever  two 
thirds  of  the  members  elected  to  each  branch  of  the 
Legislature  shall  deem  it  necessary  to  revise  this  Consti- 
tution, they  shall  recommend  to  the  electors  to  vote  at  the 
next  general  election  for  or  against  a  convention  for  that 
purpose,  and  if  a  majority  of  the  electors  voting  at  such 


234  CIVIL  GOVERNMENT. 

election  on  the  proposition  for  a  convention  shall  vote  in 
favor  thereof,  the  Legislature  shall,  at  its  next  session, 
provide  by  law  for  calling  the  same.  The  convention 
shall  consist  of  a  number  of  delegates  not  to  exceed  that 
of  both  branches  of  the  Legislature,  who  shall  be  chosen 
in  the  same  manner,  and  have  the  same  qualifications, 
as  members  of  the  Legislature.  The  delegates  so  elected 
shall  meet  within  three  months  after  their  election  at 
such  place  as  the  Legislature  may  direct. 

Ratification. — At  a  special  election  to  be  provided  for 
by  law,  the  Constitution  that  may  be  agreed  upon  by 
such  convention  shall  be  submitted  to  the  people  for 
their  ratification  or  rejection,  in  such  manner  as  the  con- 
vention may  determine.  The  returns  of  such  election 
shall,  in  such  manner  as  the  convention  shall  direct,  be 
certified  to  the  executive  of  the  State,  who  shall  call  to 
his  assistance  the  Controller,  Treasurer,  and  Secretary 
of  State,  and  compare  the  returns  so  certified  to  him; 
and  it  shall  be  the  duty  of  the  executive  to  declare,  by 
his  proclamation,  such  Constitution  as  may  have  been 
ratified  by  a  majority  of  all  the  votes  cast  at  such 
special  election,  to  be  the  Constitution  of  the  State  of 
California. 


ARTICLE  XIX. 

CHINESE. 


Section  1.  Protection  against  Dangerous  Aliens. — The 
Legislature  shall  prescribe  all  necessary  regulations  for 
the  protection  of  the  State,  and  the  counties,  cities,  and 
towns  thereof,  from  the  burdens  and  evils  arising 'from 
the  presence  of  aliens  who  are  or  may  become  vagrants, 
pau]:)ers,  mendicants,  criminals,  or  invalids  afflicted  with 
contagious  or  infectious  diseases,  and  from  aliens  other- 


CONSTITUTION  OF  CALIFORNIA.  235 

wise  dangerous  or  detrimental  to  the  well-being  or  peace 
of  the  State,  and  to  impose  conditions  upon  which  such 
persons  may  reside  in  the  State,  and  to  provide  the  means 
and  mode  of  their  removal  from  the  State,  upon  failure 
or  refusal  to  comply  with  such  conditions;  provided,  that 
nothing  contained  in  this  section  shall  be  construed  to 
impair  or  limit  the  power  of  the  Legislature  to  pass  such 
police  laws  or  other  regulations  as  it  may  deem  necessary. 

Sect.  2.  Corporations  not  to  Employ  Chinese. — No  cor- 
poration now  existing  or  hereafter  formed  under  the  laws 
of  this  State,  shall,  after  the  adoption  of  this  Constitu- 
tion, employ,  directly  or  indirectly,  in  any  capacity,  any 
Chinese  or  Mongolian.  The  Legislature  shall  pass  such 
laws  as  may  be  necessary  to  enforce  this  provision. 

Sect.  3.  No  Chinese  to  be  Employed  on  Public  Work. — 
No  Chinese  shall  be  employed  on  any  State,  county, 
municipal,  or  other  public  work,  except  in  punishment 
for  crime. 

Sect.  4.  Chinese  Immigration  to  be  Discouraged. — The 
presence  of  foreigners  ineligible  to  become  citizens  of  the 
United  States  is  declared  to  be  dangerous  to  the  well- 
being  of  the  State,  and  the  Legislature  shall  discourage 
their  immigration  by  all  the  means  within  its  power. 
Asiatic  coolieism  is  a  form  of  human  slavery,  and  is  for- 
ever prohibited  in  this  State,  and  all  contracts  for  coolie 
labor  shall  be  void.  All  companies  or  corporations, 
whether  formed  in  this  country  or  any  foreign  country, 
for  the  importation  of  such  labor,  shall  be  subject  to  such 
penalties  as  the  Legislature  may  prescribe. .  The  Legis- 
lature shall  delegate  all  necessary  power  to  the  incor- 
porated cities  and  towns  of  this  State  for  the  removal  of 
Chinese  without  the  limits  of  such  cities  and  towns,  or 
for  their  location  within  prescribed  portions  of  those 
limits,  and  it  shall  also  provide  the  necessary  legislation 
to  prohibit  the  introduction  into  this  State  of  Chinese 


236  CIVIL  GOVERNMENT. 

after  the  adoption  of  this   Constitution.     This  section 
shall  be  enforced  by  appropriate  legislation. 


ARTICLE   XX. 

MISCELLANEOUS    SUBJECTS. 

Section  1.  Capital  of  the  State. — How  Changed. — The 
city  of  Sacramento  is  hereby  declared  to  be  the  seat  of 
government  of  this  State,  and  shall  so  remain  until 
changed  by  law;  but  no  law  changing  the  seat  of  gov- 
ernment shall  be  valid  or  binding  unless  the  same  be 
approved  and  ratified  by  a  majority  of  the  qualified 
electors  of  the  State  voting  therefor  at  a  general  State 
election,  under  such  regulations  and  provisions  as  the 
Legislature,  by  a  two-thirds  vote  of  each  house,  may 
provide,  submitting  the  question  of  change  to  the  people. 

Sect.  2.  Disqualification  and  Disfranchisement  for 
Duelling. — Any  citizen  of  this  State  who  shall,  after  the 
adoption  of  this  Constitution,  fight  a  duel  wdth  deadly 
weapons,  or  send  or  accept  a  challenge  to  fight  a  duel 
with  deadly  weapons,  either  within  this  State  or  out  of  it, 
or  who  shall  act  as  second,  or  knowingly  aid  or  assist  in 
any  manner  those  thus  offending,  shall  not  be  allowed  to 
hold  any  office  of  profit,  or  to  enjoy  the  right  of  suff'rage 
under  this  Constitution. 

Sect.  3.  Oath  of  Office. — Members  of  the  Legislature, 
and  all  officers,  executive  and  judicial,  except  such  in- 
ferioi*  officers  as  may  be  by  law  exempted,  shall,  before 
they  enter  upon  the  duties  of  their  respective  offices, 
take  and  subscribe  the  following  oath  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,) 
that  I  will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  California,  and  that 


CONSTITUTION  OF  CALIFORNIA.  237 

I  will  faithfully  discharge  the  duties  of  the  office  of , 

according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required 
as  a  qualification  for  any  office  or  public  trust. 

Sect.  4.  Filling  of  Offices  Created  by  the  Legislature. — 
All  officers  or  commissioners  whose  election  or  appoint- 
ment is  not  provided  for  by  this  Constitution,  and  all 
officers  or  commissioners  whose  offices  or  duties  may 
hereafter  be  created  by  law,  shall  be  elected  by  the 
people,  or  appointed,  as  the  Legislature  may  direct. 

Sect.  5.  Fiscal  Year. — The  fiscal  year  shall  commence 
on  the  first  day  of  July. 

Sect.  6.  Suits  against  the  State. — Suits  may  be  brought 
against  the  State  in  such  manner  and  in  such  courts  as 
shall  be  directed  by  law. 

Sect.  7.  Marriage  Contracts. — No  contract  of  mar- 
riage, if  otherwise  duly  made,  shall  be  invalidated  for 
want  of  conformity  to  the  requirements  of  any  religious 
sect. 

Sect.  8.  Separate  Property  of  Husband  and  Wife. — 
All  property,  real  and  personal,  owned  by  either  husband 
or  wife  before  marriage,  and  that  acquired  by  either  of 
them  afterwards  by  gift,  devise,  or  descent,  shall  be  their 
separate  property. 

Sect.  9.  Perpetuities.  —No  perpetuities  shall  be  allowed 
except  for  eleemosynary  purposes. 

Sect.  10.  Disqualification  for  Bribery. — Every  person 
shall  be  disqualified  from  holding  any  office  of  profit  in 
this  State  who  shall  have  been  convicted  of  having  given 
or  offered  a  bribe  to  procure  his  election  or  appointment. 

Sect.  11.  Provision  for  Purity  in  Office-holding  and 
in  Elections. — Laws  shall  be  made  to  exclude  from  office, 
serving  on  juries,  and  from  the  right  of  suffrage,  persons 
convicted   of  bribery,  perjury,  forgery,  malfeasance   in 


238  CIVIL  GOVERNMENT. 

office,  or  other  high  crimes.  The  privilege  of  free  suf- 
frage shall  be  supported  bylaws  regulating  elections  and 
prohibiting,  under  adequate  penalties,  all  undue  influence 
thereon  from  power,  bribery,  tumult,  or  other  improper 
practice. 

Sect.  12.  Residence.  —  Absence  from  this  State,  on 
business  of  the  State  or  of  the  United  States,  shall  not 
affect  the  question  of  residence  of  any  person. 

Sect.  13.  Election  Determined  by  Plurality. — A  plu- 
rality of  the  votes  given  at  any  election  shall  constitute  a 
choice,  where  not  otherwise  directed  in  this  Constitution. 

Sect.  14.  State  Board  of  Health.  —  The  Legislature 
shall  provide,  by  law,  for  the  maintenance  and  efficiency 
of  a  State  board  of  health. 

Sect.  15.  Mechanics^  Liens.  —  Mechanics,  material- 
men, artisans,  and  laborers  of  every  class,  shall  have  a 
lien  upon  the  property  upon  which  they  have  bestowed 
labor  or  furnished  material,  for  the  value  of  such  labor 
done  and  material  furnished;  and  the  Legislature  shall 
provide,  by  law,  for  the  speedy  and  efficient  enforcement 
of  such  liens. 

Sect.  16.  Terms  of  Officers  not  Provided  for  by  Consti- 
tution.— When  the  term  of  any  officer  or  commissioner  is 
not  provided  for  in  this  Constitution,  the  term  of  such 
officer  or  commissioner  may  be  declared  by  law;  and  if 
not  so  declared,  such  officer  or  commissioner  shall  hold 
his  position  as  such  officer  or  commissioner  during  the 
pleasure  of  the  authority  making  the  appointment;  but 
in  no  case  shall  such  term  exceed  four  years. 

Sect.  17.  Eight  Hours,  a  Day^s  Work. — Eight  hours 
shall  constitute  a  legal  day's  work  on  all  public  work. 

Sect.  18.  Sex,  no  Disability. — No  person  shall,  on 
account  of  sex,  be  disqualified  from  entering  upon  or 
pursuing  any  lawful  business,  vocation,  or  profession. 


CONSTITUTION  OF  CALIFORNIA.  239 

Sect.  19.  Expenses  of  Constitutional  Convention. — 
Nothing  in  this  Constitution  shall  prevent  the  Legisla- 
ture from  providing,  by  law,  for  the  payment  of  the 
expenses  of  the  convention  framing  this  Constitution, 
including  the  per  diem  of  the  delegates  for  the  full  term 
thereof. 

Sect.  20.  Elections,  When  to  he  Held. — Elections  of 
the  officers  provided  for  by  this  Constitution,  except  at 
the  election  in  the  year  eighteen  hundred  and  seventy- 
nine,  shall  be  held  on  the  even-numbered  years  next 
before  the  expiration  of  their  respective  terms.  The 
terms  of  such  officers  shall  commence  on  the  first  Mon- 
day after  the  first  day  of  January  next  following  their 
election. 


ARTICLE  XXI. 

BOUNDARY    OF    THE     STATE. 

Section  1.  Boundary  of  the  State. — The  boundary  of 
the  State  of  California  shall  be  as  follows:  Commencing 
at  the  point  of  intersection  of  the  forty-second  degree  of 
north  latitude  with  the  one  hundred  and  twentieth  degree 
of  longitude  west  from  Greenwich,  and  running  south  on 
the  line  of  said  one  hundred  and  twentieth  degree  of  west 
longitude  until  it  intersects  the  thirty-ninth  degree  of 
north  latitude;  thence  running  in  a  straight  line,  in  a 
southeasterly  direction,  to  the  River  Colorado,  at  a  point 
where  it  intersects  the  thirty-fifth  degree  of  north  lati- 
tude; thence  down  the  middle  of  the  channel  of  said 
river  to  the  boundary  line  between  the  United  States  and 
Mexico,  as  established  by  the  treaty  of  May  thirtieth, 
one  thousand  eight  hundred  and  forty-eight;  thence 
running  west  and  along  said  boundary  line  to  the  Pacific 
Ocean,   and    extending  therein    three    English    miles; 


240  CIVIL  GOVERNMENT. 

thence  running  in  a  northwesterly  direction  and  follow- 
ing the  direction  of  the  Pacific  Coast  to  the  forty-second 
degree  of  north  latitude;  thence  on  the  line  of  said  forty- 
second  degree  of  north  latitude  to  the  place  of  beginning. 
Also,  including  all  the  islands,  harbors,  and  bays  along 
and  adjacent  to  the  coast. 


ARTICLE  XXII. 

SCHEDULE. 

That  no  inconvenience  may  arise  from  the  altera- 
tions and  amendments  in  the  Constitution  of  this  State, 
and  to  carry  the  same  into  complete  effect,  it  is  hereby 
ordained  and  declared: 

Section  1.  Laws  in  Force  Previous  to  this  Constitution. 
That  all  laws  in  force  at  the  adoption  of  this  Constitu- 
tion, not  inconsistent  therewith,  shall  remain  in  full 
force  and  effect  until  altered  or  repealed  by  the  Legisla- 
ture; and  all  rights,  actions,  prosecutions,  claims,  and 
contracts  of  the  State,  counties,  individuals,  or  bodies 
corporate,  not  inconsistent  therewith,  shall  continue  to 
be  as  valid  as  if  this  Constitution  had  not  been  adopted. 
The  provisions  of  all  laws  which  are  inconsistent  with 
this  Constitution  shall  cease  upon  the  adoption  thereof, 
except  that  all  laws  which  are  inconsistent  with  such 
provisions  of  this  Constitution  as  require  legislation  to 
enforce  them  shall  remain  in  full  force  until  the  first 
day  of  July,  eighteen  hundred  and  eighty,  unless  sooner 
altered  or  repealed  by  the  Legislature. 

Sect.  2.  Existing  Obligations  and  Proceedings  not 
Impaired. — That  all  recognizances,  obligations,  and  all 
other  instruments  entered  into  or  executed  before  the 
adoption  of  this  Constitution,  to  this  State,  or  to  any 


CONSTITUTION  OF  CALIFORNIA.  241 

subdivision  thereof,  or  any  municipality  therein,  and  all 
fines,  taxes,  penalties,  and  forfeitures  due  or  owing  to 
this  State,  or  any  subdivision  or  municipality  thereof, 
and  all  writs,  prosecutions,  actions,  and  causes  of  action, 
except  as  herein  otherwise  provided,  shall  continue  and 
remain  unaffected  by  the  adoption  of  this  Constitution. 
All  indictments  or  informations  which  shall  have  been 
found,  or  may  hereafter  be  found,  for  any  crime  or 
offense  committed  before  this  Constitution  takes  effect, 
may  be  proceeded  upon  as  if  no  change  had  taken  place, 
except  as  otherwise  provided  in  this  Constitution. 

Sect.  8.  Existing  Courts  Abolished. — All  courts  now 
existing,  save  justices'  and  police  courts,  are  hereby  abol- 
ished; and  all  records,  books,  papers,  and  proceedings 
from  such  courts  as  are  abolished  by  this  Constitution, 
shall  be  transferred  on  the  first  day  of  January,  eighteen 
hundred  and  eighty,  to  the  courts  provided  for  in  this 
Constitution;  and  the  courts  to  which  the  same  are  thus 
transferred  shall  have  the  same  power  and  jurisdiction 
over  them  as  if  they  had  been  in  the  first  instance  com- 
menced, filed,  or  lodged  therein. 

Sect.  4.  Printing  and  Distributing  of  the  Constitution. — 
The  Superintendent  of  Printing  of  the  State  of  California 
shall,  at  least  thirty  days  before  the  first  Wednesday  in 
May,  A.  D.  eighteen  hundred  and  seventy-nine,  cause  to 
be  printed  at  the  State  printing  office,  in  pamphlet  form, 
simply  stitched,  as  many  copies  of  this  Constitution  as 
there  are  registered  voters  in  this  State,  and  mail  one 
copy  thereof  to  the  post  office  address  of  each  registered 
voter;  provided,  any  copies  not  called  for  ten  days  after 
reaching  their  delivery  office,  shall  be  subject  to  general 
distribution  by  the  several  postmasters  of  the  State. 

Election  for  Adoption  of  Constitution  to  be  Called. — The 
Governor  shall  issue  his  proclamation,  giving  notice  of  the 
election  for  the  adoption  or  rejection  of  this  Constitution, 

16— CO 


242  CIVIL  GOVERNMENT. 

at  least  thirty  days  before  the  said  first  Wednesday  of 
May,  eighteen  hundred  and  seventy-nine,  and  the  boards 
of  supervisors  of  the  several  counties  shall  cause  said  proc- 
lamation to  be  made  public  in  their  respective  counties, 
and  general  notice  of  said  election  to  be  given  at  least 
fifteen  days  next  before  said  election. 

Sect.'  5.  Ballots  for  Voting  on  Adoption  of  Constitution. 
The  Superintendent  of  Printing  of  the  State  of  California 
shall,  at  least  twenty  days  before  said  election,  cause  to 
be  printed  and  delivered  to  the  clerk  of  each  county  in 
this  State,  five  times  the  number  of  properly  prepared 
ballots  for  said  election  that  there  are  voters  in  said 
respective  countieSj  with  the  words  printed  thereon: 
"For  the  new  Constitution."  He  shall  likewise  cause  to 
be  so  printed  and  delivered  to  said  clerks,  five  times  the 
number  of  properly  prepared  ballots  for  said  election 
that  there  are  voters  in  said  respective  counties,  with  the 
words  printed  thereon:  "Against  the  new  Constitution." 
The  Secretary  of  State  is  hereby  authorized  and  required 
to  furnish  the  Superintendent  of  State  Printing  a  suffi- 
cient quantity  of  legal  ballot  paper,  now  on  hand,  to 
carry  out  the  provisions  of  this  section. 

Sect.  6.  County  Clerks  to  Provide  Poll-Books. — The 
clerks  of  the  several  counties  in  the  State  shall,  at  least 
five  days  before  said  election,  cause  to  be  delivered  to  the 
inspectors  of  election,  at  each  election  precinct  or  polling 
place  in  their  respective  counties,  suitable  registers, 
poll-books,  forms  of  return,  and  an  equal  number  of  the 
aforesaid  ballots,  which  number,  in  the  aggregate,  must 
be  ten  times  greater  than  the  number  of  voters  in  the  said 
election  precincts  or  polling  places.  The  returns  of  the 
number  of  votes  cast  at  the  presidential  election  in  the 
year  eighteen  hundred  and  seventy-six  shall  serve  as  a 
basis  of  calculation  for  this  and  the  preceding  section; 
'provided,  that  the  duties  in  this  and  the  preceding  section 


CONSTITUTION  OF  CALIFORNIA.  24B 

imposed  upon  the  clerks  of  the  respective  counties  shall, 
in  the  city  and  county  of  San  Francisco,  be  performed  by 
the  registrar  of  voters  for  said  city  and  county. 

Sect.  7.  Who  May  Vote. — Every  citizen  of  the  United 
States,  entitled  by  law  to  vote  for  members  of  the  Assem- 
bly in  this  State,  shall  be  entitled  to  vote  for  the  adoption 
or  rejection  of  this  Constitution. 

Sect.  8.  Returns^  How  Canvassed. — The  officers  of  the 
several  counties  of  this  State,  whose  duty  it  is,  under  the 
law,  to  receive  and  canvass  the  returns  from  the  several 
precincts  of  their  respective  counties,  as  well  as  of  the 
city  and  county  of  San  Francisco,  shall  meet  at  the 
usual  places  of  meeting  for  such  purposes  on  the  first 
Monday  after  said  election.  If,  at  the  time  of  meeting, 
the  returns  from  each  precinct  in  the  county  in  which 
the  polls  were  opened  have  been  received,  the  Board  must 
then  and  there  proceed  to  canvass  the  returns;  but  if 
all  the  returns  have  not  been  received,  the  canvass  must 
be  postponed  from  time  to  time  until  all  the  returns  are 
received,  or  until  the  second  Monday  after  said  election, 
when  they  shall  proceed  to  make  out  returns  of  the 
votes  cast  for  and  against  the  new  Constitution;  and 
the  proceedings  of  said  boards  shall  be  the  same  as  those 
prescribed  for  like  boards  in  the  case  of  an  election  for 
Governor.  Upon  the  completion  of  said  canvass  and 
returns,  the  said  board  shall  immediately  certify  the 
same,  in  the  usual  form,  to  the  Governor  of  the  State  of 
California. 

Sect.  9.  Governor  to  Examine  Returns  and  Issue  Proc- 
lamation.— The  Governor  of  the  State  of  California  shall, 
as  soon  as  the  returns  of  said  election  shall  be  received 
by  him,  or  within  thirty  days  after  said  election,  in  the 
presence  and  with  the  assistance  of  the  Controller,  Treas- 
urer, and  Secretary  of  State,  open  and  compute  all  the 
returns  received  of  votes  cast  for  and  against  the  new 


244  CIVIL  GOVERNMENT. 

Constitution.  If,  by  such  examination  and  computation, 
it  is  ascertained  that  a  majority  of  the  whole  number 
of  votes  cast  at  such  election  is  in  favor  of  such  new 
Constitution,  the  executive  of  this  State  shall,  by  his 
proclamation,  declare  such  new  Constitution  to  be  the 
Constitution  of  the  State  of  California,  and  that  it  shall 
take  effect  and  be  in  force  on  the  days  hereinafter 
specified. 

Sect.  10.  Terms  of  Officers  First  Elected.  —  In  order 
that  future  elections  in  this  State  shall  conform  to  the 
requirements  of  this  Constitution,  the  terms  of  all  officers 
elected  at  the  first  election  under  the  same  shall  be, 
respectively,  one  year  shorter  than  the  terms  as  fixed  by 
law  or  by  this  Constitution;  and  the  successors  of  all 
such  officers  shall  be  elected  at  the  last  election  before 
the  expiration  of  the  terms  as  in  this  section  provided. 
The  first  officers  chosen  after  the  adoption  of  this  Con- 
stitution, shall  be  elected  at  the  time  and  in  the  manner 
now  provided  by  law.  Judicial  officers  and  the  Superin- 
tendent of  Public  Instruction  shall  be  elected  at  the  time 
and  in  the  manner  that  State  officers  are  elected. 

Sect.  11.  Laws  Relating  to  the  Judicial  System. — All 
laws  relative  to  the  present  judicial  system  of  the  State 
shall  be  applicable  to  the  judicial  system  created  by  this 
Constitution  until  changed  by  legislation. 

Sect.  12.  When  the  Constitution  is  to  Take  Effect. — 
This  Constitution  shall  take  eftect  and  be  in  force  on  and 
after  the  fourth  day  of  July,  eighteen  hundred  and 
seventy-nine,  at  twelve  o'clock  meridian,  so  far  as  the 
same  relates  to  the  election  of  all  officers,  the  commence- 
ment of  their  terms  of  office,  and  the  meeting  of  the 
Legislature.  In  all  other  respects,  and  for  all  other 
purposes,  this  Constitution  shall  take  effect  on  the  first 
day  of  January,  eighteen  hundred  and  eighty,  at  twelve 
o'clock  meridian. 


INDEX 


Page, 

Admission  of    States 71 

Agriculture,  Department  of 85 

Amendments  to  U.  S.  Constitution 45 

Aristocracy 113 

Armies — 

Power  of  Congress 67 

Appropriations  for  the  support  of 68 

Assembly  (House  of  State  Legislature) 32 

Members  of 32 

Districts 32 

Speaker  of 33 

Committees  of 33 

Assembly,  Right  of 125 

Assessor 28 

Attainder — 

Of  treason 74 

Bills  of 125 

Attorney-General — 

Of  State 40 

Of  United  States 84 

Auditor 27 

Ballot 99 

California  ballot  law 99 

Bankruptcy 72 

Bill- 
How  passed  in  State  Legislature 34 

How  passed  in  Congress 56 

Cabinet 83 

Campaign,  Political 97 

Canvass  of  Elections 100 

Caucus 96 

Census 48 

Office 85 


246  INDEX. 

Citizenship —  Page. 

Of  United  States 62 

How  acquired 92 

By  birth .  92 

By  naturalization 92 

By  annexation  of  country .  93 

How  lost 93 

In  State  and  nation 94 

City- 
Government  in 23 

Character  of 23 

Duties  of 24 

Officers  of 24 

Civil  Service — 

A]>pointments 81 

Commission 81,  86 

Clerk,  County 27 

Coin 64 

Commerce — 

Power  of  Congress 69 

Influence  of,  in  formation  of  Constitution 69 

Meaning  and  extent  of , .     .  69 

Prohibitions  on  States 70 

Prohibitions  on  Congress 70 

Power  of  a  State 70 

Interstate  Commerce  Commission 70, 86 

Committees — 

Standing  committees  in  State  Legislature 33 

In  United  States  House  of  Representatives 50 

In  United  States  Senate 53 

Congress.     (See  Legislative  Department.  ) 
Constitution — 

Of  a  State 31,  112 

Of  the  United  States 45 

General  character  of 45 

Formation  of 45 

Amendments  to 45 

Supreme  law 46 

Contracts,  Inviolability  of 126 

Controller 37,  40 


INDEX.  247 

Convention —  Page. 

Constitutional,  in  State 31 

For  forming  U,  S.  Constitution 45 

For  amending  U.  S.  Constitution 45 

Party 96 

Copyrights  and  Patents 73 

Coroner 29 

Counterfeiting  Coin 65 

County — 

Government  in 26 

Officers  of 26 

Courts.     (See  Judicial  Department.) 

Crimes,  Power  of  Congress 68 

Democracy 113 

District  Attorney — 

State 29 

Federal 90 

District  of  Columbia 74 

Education,  Bureau  of 85 

Elections 96 

Election  of  school  trustees 20 

Election  of  county  officers 27 

Election  of  memljers  of  the  State  Legislature 32 

Election  of  State  executive  officers 37 

p]lection  of  Superior  Judges 43 

Election  of  U.  S.  Representatives 49 

Election  of  U.  S.  Senators 51 

Election  of  President  and  Vice-President 77 

Political  parties 96 

Caucus,  primary,  and  convention 96 

Campaign 97 

Evils  of  party  methods 97 

The  election 98 

Registration 98 

Balloting  or  voting 98 

California  ballot  law 99 

The  canvass 100 

Number  of  votes  necessary  for  election 100 

Contested  elections 100 

Electors.     (See  Suffrage.) 

Electors,  Presidential 77 

Electoral  System .  78 


248  INDEX. 

Page, 

Eminent  Domain 126 

Equalization,  Boards  of 103 

Executive  Department — 

In  family  (head  of  household) 19 

In  school  (teacher) -  .     .     19 

In  school  district  ( trustees) 20 

In  city  (mayor) 24 

In  county  (treasurer,  clerk,  etc. ) 26 

In  State  (Governor,  etc.) 37 

Character  of  State  executive  department 37 

In  United  States  (President,  etc.) 76 

Character  of  federal  executive  department 76 

The  President 76 

The  executive  departments 83 

General  considerations  on  the  executive  department    .     .     .  106 

Expatriation 93 

Ex  Post  Facto  Laws 125 

Family 19 

Federal  Districts 74 

Fish  and  Fisheries,  Commission  of 86 

Government — 

Local  (specifically  considered) 19 

In  the  family 19 

In  the  school 19 

In  the  school  district 20 

In  the  township 22 

In  the  town  or  city 23 

In  the  county 26 

State  government  (specifically  considered) 31 

The  State  Legislature 32 

The  State  executive  department      .    ^ 37 

The  State  judicial  department 42 

Federal  government  (specifically  considered) 45 

The  federal  Constitution 45 

The  federal  legislature 47 

The  powers  of  Congress 58 

The  federal  executive 76 

The  federal  judiciary 87 

The  three  departments  of  government 104 

Division  of  the  functions  of  government 104 

The  legislative  departnjent     ,.,,,,,,.,,  105 


INDEX.  249 

Page, 

Division  of  tlie  legislature 105 

Executive  department 106 

Judicial  department 107 

Unconstitutional  legislation 107 

Local  government  (considered  generally) 108 

Local  self-government 108 

Local  divisions  of  the  State 108 

Duties  of  local  government 109 

Methods  of  local  goveirnment 110 

State  goveritment  (general  nature  of)  ... 110 

Position  of  the  States  in  the  federal  Union 110 

Powers  prohibited  to  the  States Ill 

Powers  reserved  to  the  States 112 

State  Constitutions 112 

Form  and  nature  of  government  in  the  United  States  .     .     .  113 

Meaning  of  government 113 

Different  forms  of  government 113 

Monarchy 113 

Aristocracy 113 

Democracy 113 

Government  of  the  United  States 114 

A  democracy 114 

A  representative  democracy,  or  republic 114 

A  federal  republic 114 

"An  indestructible  Union  of  indestructible  States  "   .     .  116 

Relations  between  government  and  individuals 117 

Rights  and  duties  between     .     .     . 117 

Rights  of  the  government       118 

Duties  of  the  government 118 

Tendency  of  government  to  become  tyrannical     ....  119 

Restraints  on  the  government 120 

Governor — 

Power  of  veto 34 

Special  meetings  of  the  Legislature 35 

Execute  the  laws 37 

Relation  to  Legislature 38 

Commander-in-chief 38 

Appointment  of  officers 38 

Pardons 39 

Qualifications,  election,  term 37 

Habeas  Corpus  Act 122 


250  "  INDEX. 

Page. 

High  Seas 69 

House  (division  of  legislative  body).     (See  Assembly,  House 
OP  Representatives,  Senate.) 

House  of  Representatives 47,  48 

Qualifications  of  a  Representative 48 

Term 49 

Who  may  vote  for 49 

Organization  of 49 

.Speaker 49 

Standing  committees *  ....     50 

Vacancies 51 

•Impeachment — 

In  State 43 

In  United  States 74 

Indian  Bureau 85 

Interior  Department 85 

International  Law ' 60,  68 

Interstate  Commerce  Commission 70,  86 

Interstate  Rights  of  Citizens .     .     .     .  127 

Invasions  and  Insurrections 68,  72 

Judges.     (See  Judicial  Department.) 
Judicial  Department — 

In  township 22,  42 

In  city 25 

In  county 26,  30 

In  State 42 

Judicial  power 42 

Justices  of  the  peace 42 

Superior  Courts 43 

Supreme  Court      ....  * 43 

Senate  as  a  court  of  impeachment 43 

In  United  States 87 

Power  of  Congress : 65 

Composition  of 87 

Supreme  Court 88 

Circuit  and  District  Courts 88 

Jurisdiction 89 

Circuit  Courts  of  Appeals 90 

Court  of  Claims 90 

Federal  judges 90 

District  attorneys  and  marshals • ....     90 

General  considerations  on  the  judicial  department  ....  107 


INDEX.  251 

Jurisdiction.     (See  Judiciat;  Department.)  Page, 

Justice,  Department  of 84 

Justices.     (See  Judicial  Department.) 

Labor,  Department  of 86 

Land  Office 85 

Law-making     . 34,  56 

Legislative  Department — 

In  school  district  (trustees) 20 

In  city  (council,  etc.) 24 

In  county  (supervisors) 26,  27 

In  State  (Legislature) 31 

Composition 32 

Organization 32 

Standing  committees 33 

Vacancies 33 

Privileges  of  members 33 

Quorum 33 

Process  of  law-making 34 

Meetings 35 

In  United  States  (Congress) 47 

Composition 47 

House  of  Representatives 48 

(See  House  of  Representatives. ^ 

Senate 47 

(See  Senate.) 

Meetings  of  Congress 54 

Regular,  long,  short,  special  sessions 54 

MemV)ers  of  Congress 55 

Power  of  either  house  over 55 

Privileges  and  disabilities 55 

Law-making  in 56 

Money  bills 56 

Powers  of  Congress 58 

(See  Topical  Analysis,  Sections  76-101.) 

■  General  considerations  on  the  legislative  department  .     .     .  105 
Legislature.     (See  Legislative  Department.) 
Liberty,  Elements  of  Civil.     (See  Topical  Analysis,  Sections 
180-204.) 

Lieutenant-Governor 33,  37,  39 

Local  Government.     (See  Government.) 

Magna  Charta 120 


252  INDEX. 

Page, 

Marque  and  Reprisal,  Letters  of                67 

Marshals 90 

Militia 68 

Mints 65 

Monarchy 113 

Money — 

Powers  of  Congress    ' 63 

Money  bills 56 

National  Guard 68 

Naturalization — 

Power  of  Congress 62 

Process 92 

Conferred  by  United  States 94 

Extent  of  naturalization  laws 96 

Navy — 

Power  of  Congress 67 

Department  of  the 84 

Parties,  Political 96 

Evils  of  party  methods 97 

Patent  Office 85 

Patents .73 

Pension  Office       85 

Personal  Rights.     (See  Liberty,  Elements  of  Civil.) 

Petition  of  Right 122 

Piracy 68 

Postal  Service 70 

Postmaster-General 85 

Post  Office  Department 85 

President — 

Chief  executive 76 

Qualifications  for 77 

Election 78 

Presidential  succession 79 

Duties  and  powers  of  the  President 80 

Civil  service  appointments 81 

Relations  between  President  and  Congress 82 

Primary  Election 96 

Privateer 67 

Public  Administrator 29 

Public  Documents,  Superintendent  of 85 


INDEX.  253 

Quorum —  Page, 

In  State  Legislature 33 

In  Congress 53 

Railroads,  Commissioner  of 85 

Recorder 27 

Registration  of  Voters 98 

Religious  Belief,  Right  of  ...    ^ 125 

Representatives.    (See  House  op  Representatives.) 
Reprisal.     (See  Letters  of  Marque  and  Reprisal.) 

Republic 114 

Republican  Form  of  Government,  Guarantee  of 72 

Rights,  Bill  of 122 

Rights  of  Individuals  and  of  Government.     (See  Liberty,  Ele- 
ments OF  Civil.) 
School — 

Government  in 10 

County  superintendent  of  schools 28 

State  superintendent  of  public  instruction 37,  41 

Secretary  of  Agriculture 85 

Secretary  of  the  Interior 85 

Secretary  of  the  Navy 84 

Secretary  of  State — 

In  State 37,  39 

In  United  States       83 

Secretary  of  the  Treasury 84 

Secretary  of  War 84 

Senate — 

House  of  State  Legislature 32 

(See  Legislative  Department.) 

House  of  United  States  Congress 47 

Principle  of 48 

Composition 51 

Division 51 

Voting  in 52 

Organization 52 

Presiding  officer 52 

Standing  committees 53 

Vacancies 53 

Settlement,  Act  of 122 

Sheriflf 29 


254  INDEX. 

Speaker—  Vxgth. 

Of  State  Assembly 33 

Of  United  States  House  of  Representatives 49 

Of  English  House  of  Commons 50 

State.     (See  Government.) 

Suftrage — 

Meaning 94 

Conferred  by  States 94 

Qualifications  for 95 

Persons  excluded  from  voting 95 

Conditions  which  may  not  be  imposed    ........  95 

Supervisors 24,  27 

Supreme  Law  of  the  United  States 46 

Surveyor — 

County 28 

State  (Surveyor-General) 37,  41 

Tax  Collector 28 

Taxes — 

Power  of  Congress 62 

Kinds 62,  102 

Reasons  for 101 

Purposes 101 

Extent  of  power  of  taxation 101 

State  taxation 102 

Assessment  and  collection 102 

Boards  of  equalization 103 

Federal  taxation 104 

Territories 71 

Town.     (See  City.) 

Township 22 

Treason 74 

Treasurer — 

Of  city 25 

Of  county 27 

Of  State 37,  40 

Treasury,  Department  of 84 

Unconstitutional  Legislation 107 

Vacancies — 

In  State  Legislature 33 

In  U.  S.  House  of  Representatives 51 

In  U.  S.  Senate 53 


INDEX.  255 

Veto —  Page. 

Of  Governor 34 

Of  President 06,  82 

Vice-President — 

Presiding  officer  of  the  Senate 52 

Election       77,  79 

Accession  to  tlie  presidency 79 

Voters.     (See  Suffrage.) 

War — 

Power  of  Congress 66 

Declarations  of  war 66 

Letters  of  marque  and  reprisal 67 

Armies;  navy;  militia 67,68 

Department  of  war 84 

Warrants,  General 127 

Weights  and  Measures 73 


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